[2001] KEHC 281 (KLR)
The court found that the repeated delays in hearing the appeal were primarily caused by the appellant and his advocates, particularly the absence of the appellant's advocate without proper explanation. The court held that such conduct by the advocate, if true, was improper, discourteous, unprofessional, and...
Source-derived case information.
- Citation
- [2001] KEHC 281 (KLR)
- Parties
- Appellant: Michael Ngugi Kanyua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 425 of 1999
- Procedural Posture
- Criminal Appeal / Adjournment of Hearing Pending Explanation From Advocate
- Outcome
- Hearing adjourned; appellant's bond extended; advocate's explanation required.
- Legal Topics
- Stealing by Agent, Criminal Appeal Procedure, Legal Representation Ethics
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Michael Ngugi Kanyua
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Adjournment of Hearing Pending Explanation From Advocate
Legal Issues
- 1 Whether the delay in hearing the appeal is attributable to the appellant and his advocate.
- 2 Whether the conduct of the appellant's advocate amounts to unprofessional and unethical behavior.
- 3 Whether the appellant's bond should be extended pending the next hearing date.
Ratio Decidendi
The court found that the repeated delays in hearing the appeal were primarily caused by the appellant and his advocates, particularly the absence of the appellant's advocate without proper explanation. The court held that such conduct by the advocate, if true, was improper, discourteous, unprofessional, and unethical, warranting an explanation. To balance the appellant's right to representation with the need for expeditious disposal of the appeal, the court adjourned the hearing to a fixed date, extended the appellant's bond, and directed that the advocate's firm be served with the ruling and required to provide an explanation for their conduct by a specified date.
Court Disposition
Hearing adjourned; appellant's bond extended; advocate's explanation required.
Orders
- Hearing of the appeal adjourned to 27th June, 2001 at 9:00 a.m.
- Appellant's bond of Shs.300,000 extended until 27th June, 2001.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO.425 OF 1999
(FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL
CASE NO.1137 OF 1997 OF THE RESIDENT MAGISTRATE’S COURT
AT NAIROBI)
MICHAEL NGUGI KANYUA ………………………... APPELLANT
VERSUS
REPUBLIC ………………………………………………. RESPONDENT
RULING
Michael Ngugi Kanyua (the appellant) was charged with stealing by agent contrary to Section 238(c) of the Penal Code in that on diverse days between 14th August and 5th December, 1996 at Buru Buru Phase I in Nairobi, jointly with Simon Muturi Ngugi, being agents to Major Rama Mwangombe, stole Shs.565,466/50 which they had received for and on account of the said Major Rama Mwangombe. He was convicted on 24. 2.99 and sentenced to serve four years imprisonment. He filed this appeal on 28th April, 1999 against both conviction and sentence through M/s NYABERI OMEOYO & CO. Advocates.
The appeal was admitted to hearing on 25th May, 1999 but unfortunately, from then up till now it has never been heard. The appellant has substantially contributed to this problem by either not attending court or his advocates not coming up to court at all.
Today is a perfect example. This appeal was fixed by Hon. Justice Mitey on 25th May, 2001 for hearing today in the presence of the appellant and his advocate Mr. Gacau Kariuki. The appellant has duly appeared but the said Mr. Gacau Kariuki advocate is not here. According to the appellant Mr. Gacau Kariuki reportedly told him that he (Mr. Kariuki) will not attend court today unless he is paid money as part of his legal fees. If this is true then Mr. Gacau Kariuki has acted improperly, discourteously towards the court, unprofessionally and unethically. For this an explanation is obviously called for from him.
The point is this, the hearing of this appeal is being held up by this appellant and his advocates. This must stop. Thought I will give the appellant time to get Mr. Kariuki back on track, I want this appeal to be heard and concluded next week. I therefore adjourn the hearing to the 27th June,2001at 9. 00 a.m. The appellant’s a bond of Shs.300,000, is hereby extended till the 27th June, 2001.
This ruling be typed and served on the firm of M/s Gacau Kariuki & Co. Advocates Nairobi for their information and as a Notice for the hearing of this appeal.
Their explanation to reach me by Monday 25th June, 2001.
A.G.A. ETYANG’
JUDGE
22. 6.2001