[1993] KECA 30 (KLR)

[1993] KECA 30 (KLR)

The Court held that since the appellant had already served his sentence and had been released from prison, and his whereabouts were unknown, the appeal could not proceed and therefore abated under Rule 70(7) of the Court of Appeal Rules.

Source-derived case information.

Citation
[1993] KECA 30 (KLR)
Parties
Appellant: Joseph Oloo Nyamuga; Respondent: Republic
Court
Court of Appeal
Court Station
Court of Appeal at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Appeal 32 of 1989
Procedural Posture
Criminal Appeal / Order on Abatement of Appeal
Outcome
Appeal abated.
Judges
JM Gachuhi, RO Kwach, AM Cockar
Legal Topics
Appeal Abatement, Completion of Sentence, Appellate Procedure
Source Language
en
Criminal Law Appeal Abatement Completion of Sentence Appellate Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Oloo Nyamuga

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Order on Abatement of Appeal

Legal Issues

  1. 1 Whether the appeal should proceed when the appellant has served the sentence and his whereabouts are unknown.

Ratio Decidendi

The Court held that since the appellant had already served his sentence and had been released from prison, and his whereabouts were unknown, the appeal could not proceed and therefore abated under Rule 70(7) of the Court of Appeal Rules.

Court Disposition

Appeal abated.

Orders

  • The appeal abates under rule 70(7) of the Rules of this Court.