[2023] KEHC 25685 (KLR)
The court found that the appellants had demonstrated sufficient cause for the failure to prosecute their appeal, and in the interests of justice, exercised its discretion to reinstate the appeal. The court further directed administrative steps to facilitate the hearing of the appeal, including the submission of the...
Source-derived case information.
- Citation
- [2023] KEHC 25685 (KLR)
- Parties
- Appellant: Rachel Wanjiru Macharia; Appellant: Paul Maina Macharia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 167 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Application for Reinstatement of Appeal
- Outcome
- Appeal reinstated; directions given for further conduct of the appeal.
- Judges
- DR Kavedza
- Legal Topics
- Appeal Reinstatement, Dismissal for Want of Prosecution, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel Wanjiru Macharia
Appellant
Paul Maina Macharia
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Reinstatement of Appeal
Legal Issues
- 1 Whether the appellants' appeal dismissed for want of prosecution should be reinstated.
Ratio Decidendi
The court found that the appellants had demonstrated sufficient cause for the failure to prosecute their appeal, and in the interests of justice, exercised its discretion to reinstate the appeal. The court further directed administrative steps to facilitate the hearing of the appeal, including the submission of the lower court file and the preparation of the record of appeal.
Court Disposition
Appeal reinstated; directions given for further conduct of the appeal.
Orders
- The appellants’ appeal is reinstated.
- The Deputy Registrar shall ensure that the original lower court file and the certified record of proceedings are submitted to the High Court at the earliest opportunity.
Full Case Text
Judgment text and source record
23 paragraphs
Macharia & another v Republic (Criminal Appeal 167 of 2023) [2023] KEHC 25685 (KLR) (23 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25685 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 167 of 2023
DR Kavedza, J
November 23, 2023
Between
Rachel Wanjiru Macharia
1st Appellant
Paul Maina Macharia
2nd Appellant
and
Republic
Respondent
Ruling
1. I have considered the notice of motion dated 13th November 2023, supported by the affidavit sworn by the 1st appellant seeking reinstatement of the appeal their appeal dismissed for want of prosecution. Consequently, I make the following orders:
2. The appellants’ appeal is reinstated.
3. The Deputy Registrar shall ensure that the original lower court file and the certified record of proceedings are submitted to the High Court at the earliest opportunity.
4. The appellant shall endeavor to prepare as soon as practicable prepare and serve a complete Record of Appeal.
5. This matter shall be mentioned virtually on 27th February 2024 for directions.
6. Notices shall issue accordingly.
DATED AND DELIVERED IN THE ABSENCE OF THE PARTIES THIS 23RD DAY OF NOVEMBER 2023_______________________D. KAVEDZAJUDGE