[2021] KEHC 8724 (KLR)
The court found that despite efforts to trace the appellant in various prisons and through the surety's contact, the appellant could not be located and did not take any steps to prosecute his appeal. As a result, the court determined that it could not keep the appeal open indefinitely in the absence of the...
Source-derived case information.
- Citation
- [2021] KEHC 8724 (KLR)
- Parties
- Appellant: Onyango Owino Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 45 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Appeal Dismissal, Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Onyango Owino Owuor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's unavailability.
Ratio Decidendi
The court found that despite efforts to trace the appellant in various prisons and through the surety's contact, the appellant could not be located and did not take any steps to prosecute his appeal. As a result, the court determined that it could not keep the appeal open indefinitely in the absence of the appellant. The appeal was therefore dismissed for want of prosecution, with liberty to the appellant to move the court for revival should he become available and interested.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal filed on 1st July 2019 is dismissed for want of prosecution.
- The appellant may move the court for revival if he becomes available and interested.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. 45 OF 2019
ONYANGO OWINO OWUOR.......APPELLANT
VERSUS
REPUBLIC.....................................RESPONDENT
(Being an appeal against conviction and sentence vide Ukwala PMCRC 59 of 2019 delivered on 17. 6.2019 before Hon. G. Adhiambo P.M.)
RULING
1. This appeal was filed in 2019 by the appellant Onyango Owino Owuor who was convicted by Ukwala Senior Resident Magistrate for the offence of Robbery with Violence Contrary to Sections 295 and 296(2) of the Penal Code, and sentenced to serve ten years imprisonment. As at that time of filing of the appeal, 1st July, 2019, the appellant was at Siaya G.K. Prisons where he was assisted to file the appeal. The record of appeal was availed to this court on 24th February 2021, from Ukwala Law Courts. The appeal was admitted to hearing and the records of appeal were dispatched by the court on 25th February 2021, to Kisumu Maximum Prisons, Siaya G.K. Prisons and Kibos Maximum Prisons to trace the appellant and serve him with records of appeal to enable him file written submissions to canvass his appeal. The Office of Director of Public Prosecutions was served too.
2. The Registry has tried to locate the appellant in all the three G.K. Prisons to no avail. The appellant’s surety in the Lower Court left his telephone contacts. The phone recorded in the surety form has been called but there is no response. The three G.K. Prisons are unable to trace the Appellant herein. In the premises, this court cannot keep this appeal open as the appellant is not available to prosecute his appeal.
3. Accordingly, the appeal herein filed on 1st July 2019, be and is hereby dismissed for want of prosecution by the appellant who should move the court appropriately, should he be available and be interested in its revival.
4. The file is now closed.
5. Orders accordingly.
Dated, Signed and Delivered at Siaya this 3rd day of March, 2021
R.E. ABURILI
JUDGE