[2018] KEHC 2114 (KLR)
The court found that the appellant, having been released from prison and showing no interest in pursuing the appeal despite several production orders, had effectively abandoned the appeal. Consequently, the appeal was dismissed for want of prosecution in accordance with the court's powers under the Criminal...
Source-derived case information.
- Citation
- [2018] KEHC 2114 (KLR)
- Parties
- Appellant: Gabriel Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 118 ‘B’ of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Appeal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Appeal Dismissal, Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Omondi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's lack of interest.
Ratio Decidendi
The court found that the appellant, having been released from prison and showing no interest in pursuing the appeal despite several production orders, had effectively abandoned the appeal. Consequently, the appeal was dismissed for want of prosecution in accordance with the court's powers under the Criminal Procedure Code.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 118 ‘B’ OF 2017
(CORAM: R. E. ABURILI - J.)
GABRIEL OMONDI..........APPELLANT
VERSUS
REPUBLIC......................RESPONDENT
(Being an Appeal against Conviction and Sentence on a Judgment delivered in 17/11/2017 in Criminal Case No. 200 of 2017 at Ukwala Law Courts, before Hon. G. Adhiambo, SRM)
RULING
1. As the Appellant was released from Prison on 27/3/2018 and is not interested in pursuing his appeal, this appeal is dismissed for want of Prosecution as several Production Orders bore no fruit.
2. Orders accordingly.
Dated, Signed and Delivered at SIAYA this 21st Day of November 2018.
R.E. ABURILI
JUDGE