[2002] KECA 222 (KLR)
The Court of Appeal determined that, as the appellant had died before the appeal could be heard and determined, the appeal could not proceed. Pursuant to Rule 68(1)(a) of the Court of Appeal Rules, the appeal abates automatically upon the death of the appellant. The court relied on official evidence from the Prison...
Source-derived case information.
- Citation
- [2002] KECA 222 (KLR)
- Parties
- Appellant: Patrick Oluoch Obonyo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 44 of 2002
- Procedural Posture
- Criminal Appeal / Appeal Abates Due to Death
- Outcome
- appeal abated due to death of appellant
- Legal Topics
- Appeal Abatement, Death of Appellant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Oluoch Obonyo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Abates Due to Death
Legal Issues
- 1 Whether the appeal should proceed following the death of the appellant.
Ratio Decidendi
The Court of Appeal determined that, as the appellant had died before the appeal could be heard and determined, the appeal could not proceed. Pursuant to Rule 68(1)(a) of the Court of Appeal Rules, the appeal abates automatically upon the death of the appellant. The court relied on official evidence from the Prison Authorities confirming the appellant's death and accordingly ordered the abatement of the appeal.
Court Disposition
appeal abated due to death of appellant
Orders
- The appeal abates under Rule 68(1)(a) of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: OMOLO, SHAH & O'KUBASU JJ.A)
CRIMINAL APPEAL NO. 44 OF 2002
BETWEEN
PATRICK OLUOCH OBONYO ....................................APPELLANT
AND
REPUBLIC ..............................................................RESPONDENT
(An appeal from a judgment of the High Court of Kenya at
Kisumu (Mr.Birech, Commissioner of Assize) dated 6th
August, 1999
in
H.C.CR.A. NO.289 OF 1998)
*****************
ORDER OF THE COURT
The evidence from the Prison Authorities show that the appellant died on 22nd December, 2001. In the circumstances, the appeal abates underRule 68 (1)(a) of the Court's Rules.
Dated and delivered at Kisumu this 18th day of June, 2002.
R.S.C. OMOLO
.................
JUDGE OF APPEAL
A.B. SHAH
.................
JUDGE OF APPEAL
E. O'KUBASU
................
JUDGE OF APPEAL
I certify that this is a true copy of the origingal.
DEPUTY REGISTRAR