[2006] KEHC 1989 (KLR)
The court, after reviewing the record, found that while several adjournments had been sought by the appellant's counsel, not all were on the same grounds. The court was not convinced that the current application was necessarily an abuse of process, but recognized the pattern of repeated adjournments. Exercising...
Source-derived case information.
- Citation
- [2006] KEHC 1989 (KLR)
- Parties
- Appellant: Isaac Juma Wanyonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 28 of 2005
- Procedural Posture
- Criminal Appeal / Interlocutory Ruling on Adjournment Application
- Outcome
- Adjournment granted with warning; appeal to be heard on a fixed date.
- Legal Topics
- Adjournment of Hearing, Criminal Appeal Procedure, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Juma Wanyonyi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Adjournment Application
Legal Issues
- 1 Whether the appellant's application for adjournment should be granted in light of previous similar applications.
- 2 Whether repeated adjournment requests constitute abuse of court process.
Ratio Decidendi
The court, after reviewing the record, found that while several adjournments had been sought by the appellant's counsel, not all were on the same grounds. The court was not convinced that the current application was necessarily an abuse of process, but recognized the pattern of repeated adjournments. Exercising judicial discretion, the court granted the adjournment, giving the benefit of doubt to counsel, but issued a clear warning that further failure to attend could result in dismissal of the appeal. The court fixed a new hearing date and cautioned the appellant's counsel regarding future conduct.
Court Disposition
Adjournment granted with warning; appeal to be heard on a fixed date.
Orders
- The appeal shall be heard on 13th March 2006 at Bungoma.
- Counsel for the appellant is warned that failure to attend may result in dismissal of the appeal.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
Criminal Appeal 28 of 2005
(Arising from Original Webuye SRM Cr. No.486 of 2002)
ISAAC JUMA WANYONYI…………………...………………APPELLANT
VERSUS
REPUBLIC…………………………………………………..RESPONDENT
RULING
On 13th December, 2006, Mr. Korir for the appellant fixed the hearing of the appeal herein
ex-parte and served counsel for the respondent with a Hearing Notice for today’s date.
When the appeal came up for hearing,
Mrs. Mumalasi, on behalf of Mr. Korir asked for an adjounment on the grounds that Mr. Korir is indisposed.
Mr. Onderi for the Republic, strenuously opposed the application for adjounment and submitted that Mr. Korir has made similar applications on 29th September, 26th October 2005, 16th November 2005 and 13th December 2005.
That it would therefore appear that Mr. Korir is up to some mischief. In the circumstances, the appeal should be dismissed under Section 354 (3) of the Criminal Procedure Code.
I have on my part, perused the entire record and find as a fact that several applications have been made at the behest of Mr. Korir for the appellant on 26th October 2005, the other occasions were on different grounds –bereavement and absence of the accused at the hearing.
I am not sure whether Mr. Korir is indisposed or not but I take the liberty of giving benefit of doubt to counsel.
However, I warn him that the appeal risks being dismissed in the event that he fails to turn up on a date fixed for the hearing of the same.
I order that this appeal be heard on the 13th day of March 2006 at Bungoma.
Dated and delivered this 14th day of February 2006.
N.R.O. OMBIJA
JUDGE