[2015] KECA 60 (KLR)
The Court found that the appellant, having failed to file a memorandum of appeal despite being granted an adjournment for that purpose and not appearing in court, had lost interest in the appeal. Consequently, the appeal was dismissed under Rule 71(4) of the Court of Appeal Rules for want of prosecution.
Source-derived case information.
- Citation
- [2015] KECA 60 (KLR)
- Parties
- Appellant: Gabriel Ngunyangi Banice; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 345 of 2011
- Procedural Posture
- Criminal Appeal / Appeal Dismissal for Non Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- DK Musinga
- Legal Topics
- Appeal Dismissal, Non Prosecution, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Ngunyangi Banice
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Dismissal for Non Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to failure to file a memorandum of appeal.
- 2 Whether the appellant has lost interest in prosecuting the appeal.
Ratio Decidendi
The Court found that the appellant, having failed to file a memorandum of appeal despite being granted an adjournment for that purpose and not appearing in court, had lost interest in the appeal. Consequently, the appeal was dismissed under Rule 71(4) of the Court of Appeal Rules for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed under Rule 71(4) of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, MUSINGA & GATEMBU, JJ.A.)
CRIMINAL APPEAL NO. 345 OF 2011
BETWEEN
GABRIEL NGUNYANGI BANICE……………………………..APPELLANT
AND
REPUBLIC…………………………..…………………….RESPONDENT
(An Appeal from a Judgment of the High Court of Kenya at Kakamega, (Lenaola, J.) dated 3th October, 2011
In
H.C.CR.A.NO. 279 OF 1995)
*******************
ORDER OF THE COURT
Neither the appellant nor his advocate is in court today. When this appeal last came up for hearing on 23rd March 2015, Mr. Ogesa who was appearing for the appellant obtained an adjournment to file a memorandum of appeal. None has to date been filed.
In the circumstances, we find that the appellant has lost interest in this appeal and we accordingly dismiss it under Rule 71(4) of the Court of Appeal Rules.
DATED this 30th day of June, 2015.
D.K.MARAGA
…………………………….
JUDGE OF APPEAL
D.K. MUSINGA
……………………………..
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
……………………………..
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR