[2003] KEHC 313 (KLR)
The court found, upon reviewing the record of proceedings and the submissions of the State Counsel, that there was sufficient evidence to support the conviction on each count. The absence of the appellant at the hearing and the fact that he had already served the sentence did not affect the validity of the...
Source-derived case information.
- Citation
- [2003] KEHC 313 (KLR)
- Parties
- Appellant: Nyaga Kiura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 72 of 2003
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Criminal Appeals, Conviction Upheld
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyaga Kiura
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether there was sufficient evidence to support the conviction on each count.
Ratio Decidendi
The court found, upon reviewing the record of proceedings and the submissions of the State Counsel, that there was sufficient evidence to support the conviction on each count. The absence of the appellant at the hearing and the fact that he had already served the sentence did not affect the validity of the conviction. The appeal was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appellant’s appeal is hereby dismissed.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL 72 OF 2003 NYAGA KIURA …………………………………………………. APPELLANT VERSUS REPUBLIC ………………………………………………………. RESPONDENT JUDGEMENT
I have read record of the proceedings before the learned trial magistrate in the light of what the learned State Counsel said during the hearing of this appeal where the Appellant has already served the sentence of six months and has not bothered to come for the hearing of this appeal.
I find that there was sufficient evidence to support the conviction on each count. Accordingly, the Appellant’s appeal is hereby dismissed. Dated this 5th day of December 2003. J. M KHAMONI JUDGE