[2002] KECA 79 (KLR)
The Court of Appeal determined that the appellants would be prejudiced if the appeal proceeded in the absence of their counsel. Recognizing the fundamental right to legal representation, the court found it just to adjourn the hearing to ensure the appellants could benefit from their advocate's services. The appeal...
Source-derived case information.
- Citation
- [2002] KECA 79 (KLR)
- Parties
- Appellant: Oloo Tinega; Appellant: Evans Lucas Maiko; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 50 of 2002
- Procedural Posture
- Criminal Appeal / Order for Adjournment/listing for Hearing
- Outcome
- Appeal adjourned; to be listed for hearing in the next session.
- Legal Topics
- Right to Counsel, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oloo Tinega
Appellant
Evans Lucas Maiko
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order for Adjournment/listing for Hearing
Legal Issues
- 1 Whether the appellants should be allowed the benefit of representation by their advocate before the hearing proceeds.
- 2 Whether the absence of the appellants' counsel warrants adjournment of the appeal.
Ratio Decidendi
The Court of Appeal determined that the appellants would be prejudiced if the appeal proceeded in the absence of their counsel. Recognizing the fundamental right to legal representation, the court found it just to adjourn the hearing to ensure the appellants could benefit from their advocate's services. The appeal was accordingly taken out of the current session and ordered to be listed for hearing in the next session.
Court Disposition
Appeal adjourned; to be listed for hearing in the next session.
Orders
- The appeal is taken out of this session.
- The appeal shall be listed for hearing in the next session.
Full Case Text
Judgment text and source record
4 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU (CORAM: CHUNGA, C.J, LAKHA & OWUOR, JJ.A) CRIMINAL APPEAL NO. 50 OF 2002BETWEENOLOO TINEGAEVANS LUCAS MAIKO ................................ APPELLANTSANDREPUBLIC .................................................. RESPONDENT(Appeal from Judgment of the High Court of Kenya at Kisii (Mr. Justice Wambiliyanga) dated 20th June, 2001 in H.C.CR. APPEAL NO. 124 OF 2001) ************ORDER OF THE COURT Although the two appellants have a counsel representing them, he is not in Court today. In view of what the learned State Counsel says, we are satisfied that this is a matter in which the two appellants would benefit from the services of their advocate. In that regard, we will take out the appeal from this session and order that it be listed for hearing in the next session.Made and delivered at Kisumu this 10th day of June, 2002. B. CHUNGA ............... CHIEF JUSTICE A.A. LAKHA ............... JUDGE OF APPEAL E. OWUOR ............... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR