[2002] KECA 34 (KLR)
The Court of Appeal found that the summary rejection of the appellant's criminal appeal by the High Court was improper, particularly as the state did not oppose the appeal. The court held that the appellant was entitled to have his appeal admitted and heard on its merits. Accordingly, the order of summary rejection...
Source-derived case information.
- Citation
- [2002] KECA 34 (KLR)
- Parties
- Appellant: Daniel Marita; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 167 of 2001
- Procedural Posture
- Criminal Appeal / Appeal From Summary Rejection in the High Court
- Outcome
- Appeal allowed; order of summary rejection set aside; appeal remitted to High Court for hearing.
- Judges
- RO Kwach, D Ole Keiwua
- Legal Topics
- Criminal Appeals, Summary Rejection, Remittal to High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Marita
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Summary Rejection in the High Court
Legal Issues
- 1 Whether the High Court was correct in summarily rejecting the appellant's criminal appeal.
- 2 Whether the appeal should be remitted to the High Court for hearing on merits.
Ratio Decidendi
The Court of Appeal found that the summary rejection of the appellant's criminal appeal by the High Court was improper, particularly as the state did not oppose the appeal. The court held that the appellant was entitled to have his appeal admitted and heard on its merits. Accordingly, the order of summary rejection was set aside, and the matter was remitted to the High Court for proper consideration in accordance with the law.
Court Disposition
Appeal allowed; order of summary rejection set aside; appeal remitted to High Court for hearing.
Orders
- The appeal is allowed.
- The order summarily rejecting the appeal is set aside.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: KWACH, TUNOI & KEIWUA, JJ.A.)
CRIMINAL APPEAL NO. 167 OF 2001DANIEL MARITA .......................................... APPELLANTANDREPUBLIC ............................................... RESPONDENT(Appeal from an Order of the High Court of Kenya at Kisumu
(Justice Wambiliangah) dated 20th day of September, 2001
in
H.C.CR.Appeal NO. 165 OF 2001)
*****************
JUDGMENT OF THE COURT
The state not opposing the appeal, the same is allowed. The order summarily rejecting it is set aside. We remit the appeal to the High Court to admit it and to deal with it according to law.
Dated and delivered at Kisumu this 12th day of March, 2002.
R.O. KWACH ................. JUDGE OF APPEAL P.K. TUNOI ................. JUDGE OF APPEAL M. Ole KEIWUA ................ JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR