[2002] KEHC 120 (KLR)
The court found that neither the appellant nor his advocate was present despite notices having been sent. There was no indication that counsel responded to the notices. The court emphasized that it is the responsibility of counsel to follow up on their cases. Due to the absence of both the appellant and his counsel,...
Source-derived case information.
- Citation
- [2002] KEHC 120 (KLR)
- Parties
- Appellant: David Waithaka Chege; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 330 of 1999
- Procedural Posture
- Criminal Appeal / Appeal Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Criminal Appeal, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Waithaka Chege
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
Ratio Decidendi
The court found that neither the appellant nor his advocate was present despite notices having been sent. There was no indication that counsel responded to the notices. The court emphasized that it is the responsibility of counsel to follow up on their cases. Due to the absence of both the appellant and his counsel, and lack of prosecution, the appeal was dismissed for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- Appeal dismissed for want of prosecution.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
APPELLATE SIDE
HIGH COURT CRIMINAL APPEAL NO 330 OF 1999
(From Original Conviction(s) and sentence(s) Criminal case No. 3117 of
1997 of the Chief Magistrate’s Court at Makadara)
DAVID WAITHAKA CHEGE………………………………APPELLANT VERSUS REPUBLIC…………………………………………………..RESPONDENT ORDER Advocate and appellants are absent. Notices had been sent to counsel but there is no indication that he answered the same. It is the duty of counsel to follow the cases. ORDER Appeals dismissed for want of prosecution. MBOGHOLI MSAGHA JUDGE 13/6/2002