[2018] KEHC 6232 (KLR)
The court found that the appellant, having escaped from lawful custody and failed to attend court to prosecute his appeal, demonstrated unwillingness to pursue the appeal. The only prudent course was to dismiss the appeal for non-attendance. The court further ordered that the appellant be traced, arrested, and...
Source-derived case information.
- Citation
- [2018] KEHC 6232 (KLR)
- Parties
- Appellant: Francis Mutuku Musyoka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 55 of 2016
- Procedural Posture
- Criminal Appeal / Ruling on Appeal for Non Attendance
- Outcome
- Appeal dismissed for non-attendance; appellant to be traced and detained to serve sentence.
- Legal Topics
- Robbery With Violence, Appeal Dismissal, Non Attendance, Escape From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis Mutuku Musyoka
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal for Non Attendance
Legal Issues
- 1 Whether the appeal should proceed in the absence of the appellant who escaped from lawful custody.
- 2 Whether the court should dismiss the appeal for want of prosecution.
Ratio Decidendi
The court found that the appellant, having escaped from lawful custody and failed to attend court to prosecute his appeal, demonstrated unwillingness to pursue the appeal. The only prudent course was to dismiss the appeal for non-attendance. The court further ordered that the appellant be traced, arrested, and detained to continue serving the lawfully imposed sentence. The decision was based on the principle that fugitives from justice cannot expect the court to entertain their appeals while they evade lawful custody.
Court Disposition
Appeal dismissed for non-attendance; appellant to be traced and detained to serve sentence.
Orders
- The appeal is dismissed for non-attendance to prosecute.
- The appellant to be traced, arrested, and detained to continue serving the sentence imposed by the trial magistrate.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 55 OF 2016
(ROBBERY WITH VIOLENCE)
(CORAM: R. E. ABURILI - J.)
FRANCIS MUTUKU MUSYOKA....APPELLANT
VS
REPUBLIC.......................................RESPONDENT
(Being an Appeal against both the Conviction and Sentence dated 19. 05. 2016 in Criminal Case No. 48 of 2014 in Siaya Law Court before Hon. H. Wandere – P.M.)
RULING
1. The appeal was filed on 23/5/2016. The Appellant was serving death sentence imposed on him and his co-accused/convict in Siaya PM Cr. C. No 48/2014 where they were convicted for the offence of Robbery with Violence.
2. He filed this appeal and instead of prosecuting it to the end, he escaped from lawful custody.
3. He is not ready to prosecute the appeal and as he is not here to do so, the only prudent thing for this Court to do is to dismiss his appeal for non-attendance to prosecute. The Appellant to be traced, arrested and detained to continue serving the sentence that was lawfully imposed on him by the Trial Magistrate.
Delivered in open court at Siaya this 13th day of June 2018.
R. E. ABURILI
JUDGE
In the presence of:
Appellant – Absent
M/s Odumba: for State
Court Assistants:
1. Laban Odhiambo
2. Brenda A. Ochieng