https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7828
The Court found the earlier dismissal order was made in error because the appeal had not been heard and determined on the merits; to serve the interests of justice, the dismissal was set aside and the appeal reinstated.
Source-derived case information.
- Citation
- [2026] KEHC 7828 (KLR)
- Parties
- Appellant: KEMONGE NESTORY OKINDO; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E051 of 2024
- Procedural Posture
- Criminal Appeal / Application for Reinstatement After Dismissal
- Outcome
- Application allowed; appeal reinstated.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Reinstatement of Appeal, Setting Aside Dismissal Order, Appeal Dismissed in Error, Hearing on Merits, Interests of Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KEMONGE NESTORY OKINDO
Appellant
REPUBLIC
Respondent
Procedural Posture
Criminal Appeal / Application for Reinstatement After Dismissal
Legal Issues
- 1 Whether the dismissal order of 19th March 2026 was made in error
- 2 Whether the appeal should be reinstated for hearing on the merits
Ratio Decidendi
The Court found the earlier dismissal order was made in error because the appeal had not been heard and determined on the merits; to serve the interests of justice, the dismissal was set aside and the appeal reinstated.
Court Disposition
Application allowed; appeal reinstated.
Orders
- The dismissal order issued on 19th March 2026 is set aside.
- The appeal is reinstated and shall proceed to hearing and determination in accordance with the law.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **CRIMINAL APPEAL NO. E051 OF 2024** KEMONGE NESTORY OKINDO……………………..……….…..APPELLANT VERSUS REPUBLIC……………………………………………………….....RESPONDENT **RULING.** 1. Pursuant to the Appellant's letter dated 4th May 2026, seeking the reinstatement of an appeal that was dismissed for alleged duplication vide the ruling delivered on 19th March 2026, the Court has reviewed the record and reconsidered the circumstances under which the dismissal order was made. 2. Upon such review, the Court is satisfied that the order of dismissal was made in error. The record confirms that the appeal had not been heard and determined on its merits, and there was therefore no proper basis for its dismissal. 3. In the interests of justice and to afford the Appellant an opportunity to have the appeal heard and determined on its merits, the Court hereby sets aside the dismissal order issued on 19th March 2026. 4. Accordingly, the appeal is reinstated and shall proceed to hearing and determination in accordance with the law. Orders accordingly. **Ruling dated and delivered virtually this 8th day of June 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE**