[2025] KEHC 7465 (KLR)
The court found that the appellant had failed to prosecute the appeal, as evidenced by repeated absences and failure to file submissions or take steps to advance the matter. The absence of any action by the appellant or his advocate indicated a lack of interest in pursuing the appeal. In such circumstances, it would...
Source-derived case information.
- Citation
- [2025] KEHC 7465 (KLR)
- Parties
- Appellant: Kenneth Odulwa Lukoba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Judgment Date
- 29 May 2025
- Case Number
- Criminal Appeal E033 of 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal struck out for want of prosecution
- Judges
- WM Musyoka
- Legal Topics
- Appeal Struck Out, Want of Prosecution, Criminal Procedure, Conviction and Sentence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Odulwa Lukoba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal should be determined on its merits despite the appellant's absence and failure to prosecute.
- 2 Whether the appeal should be struck out for want of prosecution.
Ratio Decidendi
The court found that the appellant had failed to prosecute the appeal, as evidenced by repeated absences and failure to file submissions or take steps to advance the matter. The absence of any action by the appellant or his advocate indicated a lack of interest in pursuing the appeal. In such circumstances, it would be academic and a waste of judicial resources to proceed to write a judgment on the merits. The appropriate course was to strike out the appeal for want of prosecution and close the file.
Court Disposition
appeal struck out for want of prosecution
Orders
- The appeal is struck out for want of prosecution.
- The file shall be closed.
Full Case Text
Judgment text and source record
22 paragraphs
Lukoba v Republic (Criminal Appeal E033 of 2021) [2025] KEHC 7465 (KLR) (29 May 2025) (Judgment)
Neutral citation: [2025] KEHC 7465 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Appeal E033 of 2021
WM Musyoka, J
May 29, 2025
Between
Kenneth Odulwa Lukoba
Appellant
and
Republic
Respondent
(Appeal against conviction and sentence, of 18th November 2021, in Busia CMCCRC No. 1697 of 2015, by Hon. Phoebe Y. Kulecho, Senior Resident Magistrate, SRM)
Judgment
1. This appeal was filed by Kenneth Odulwa Lukoba, through his Advocate, Messrs. Osango & Company, after his conviction on 18th November 2021 and sentence on the same date, to pay a fine of Kshs. 200,000. 00, or serve imprisonment for two years in default.
2. The file was placed before me on 8th April 2024, in the presence of the Advocate for the respondent, and in the absence of the appellant. The record of appeal had not been filed. It was mentioned on 9th May 2024, in the absence of the appellant, where the record of appeal had not been filed. It was again mentioned in the absence of the appellant on 1st July 2024. Mr. Onanda for the respondent asked to file written submissions. It was mentioned on 29th July 2024, where the appellant was still absent, and I fixed it for judgement on 4th October 2024.
3. While in the process of preparing the judgement, it transpired that the record of appeal was deficient, for it had gaps. I delivered a ruling, on 22nd October 2024, asking for a complete record of appeal.
4. I next mentioned the appeal on 4th December 2024, in the absence of the appellant. The court registry had compiled a record of appeal, and I ordered that it be circulated. I also directed that the Advocate for the respondent, Mr. Osango be notified. I mentioned the matter next on 27th January 2025, and Mr. Osango was not present. I allocated a further date for 24th February 2025 and directed that Mr. Osango be notified.
5. On 24th February 2025 he did not attend court. Mr. Onanda expressed an interest in filing submissions, and I pushed the matter to 24th March 2025. On 24th March 2025 Mr. Osango was not in court. The matter was allocated 24th April 2025, for mention, with an order for Mr. Osango to be notified. He did not attend court, and no submissions had been filed by him nor by the respondent. I allocated the matter a judgement date, hoping that the parties would file their submissions in the interim. None had been filed, by the time I started to write this judgement.
6. It looks as if the appellant has lost interest in the appeal. It would be academic for me to write judgement here. Consequently, I shall strike out the appeal for want of prosecution. The file shall be closed. Orders accordingly.
DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, ON THIS 29TH DAY OF MAY 2025. WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Osango, instructed by Osango & Company, Advocates for the appellant.Mr. T. Onanda, instructed by the Director of Public Prosecutions, for the respondent.