[2022] KEHC 10593 (KLR)
The appeal was dismissed due to the appellant's failure to comply with the court's directions to file and serve a complete record of appeal and written submissions within the stipulated period. The absence of the appellant's counsel and lack of explanation for non-compliance left the court with no alternative but to...
Source-derived case information.
- Citation
- [2022] KEHC 10593 (KLR)
- Parties
- Appellant: Muslim Odembo Hamsa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E008 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Compliance With Court Directions
- Outcome
- appeal dismissed for non-compliance with court orders
- Judges
- RE Aburili
- Legal Topics
- Appeal Dismissal, Non Compliance With Court Orders, Record of Appeal, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muslim Odembo Hamsa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Compliance With Court Directions
Legal Issues
- 1 Whether the appellant complied with the court's directions to file and serve the record of appeal and written submissions within the stipulated period.
- 2 Whether non-compliance with court orders warrants dismissal of the appeal.
Ratio Decidendi
The appeal was dismissed due to the appellant's failure to comply with the court's directions to file and serve a complete record of appeal and written submissions within the stipulated period. The absence of the appellant's counsel and lack of explanation for non-compliance left the court with no alternative but to dismiss the appeal and close the file, upholding the principle that parties must adhere to procedural requirements and court orders for the proper administration of justice.
Court Disposition
appeal dismissed for non-compliance with court orders
Orders
- The appeal is dismissed for failure to comply with court orders made on 27/5/2022.
- The file is hereby closed.
Full Case Text
Judgment text and source record
21 paragraphs
Hamsa v Republic (Criminal Appeal E008 of 2022) [2022] KEHC 10593 (KLR) (27 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10593 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Appeal E008 of 2022
RE Aburili, J
June 27, 2022
Between
Muslim Odembo Hamsa
Appellant
and
Republic
Respondent
(An Appeal against conviction and sentence of Hon S.W. Mathenge delivered the 21. 2.2022 in the Principal Magistrate’s court in Bondo Sexual Offence Case No. 41 of 2020)
Ruling
1. This appeal was admitted to hearing on 27/5/2022, one month ago.
2. The court further ordered that the appellants to file and serve a complete record of appeal upon the Respondent within 21 days thereof together with written submissions.
3. On June 1st, at 11. 12 pm, the appellant’s counsel was send an email containing this court’s directions made on 27/5/2022. To date, no record of appeal has been filed. Neither are written submissions are filed.
4. The Appellant’s counsel is also not present in court and no reasons are given for non-appearance.
5. For failure to comply with this court’s orders made on 27/5/2022, this appeal be and is hereby dismissed and the file is hereby closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 27TH DAY OF JUNE, 2022R.E. ABURILIJUDGE