[2021] KEHC 3977 (KLR)

[2021] KEHC 3977 (KLR)

The court determined that since the appellant, Protasio Kubai Mboroki, had died while in custody, the appeal could not proceed to judgment. The death of an appellant in a criminal appeal abates the proceedings, and the court is required to arrest judgment and make no further orders on the merits of the appeal....

Source-derived case information.

Citation
[2021] KEHC 3977 (KLR)
Parties
Appellant: Protasio Kubai Mboroki; Respondent: Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Appeal E032 of 2020
Procedural Posture
Criminal Appeal / Judgment Arrested Due to Appellant's Death
Outcome
Judgment arrested due to death of appellant; proceedings abated.
Legal Topics
Appeal Termination, Death of Appellant, Abatement of Proceedings
Source Language
en
Criminal Law Appeal Termination Death of Appellant Abatement of Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Protasio Kubai Mboroki

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment Arrested Due to Appellant's Death

Legal Issues

  1. 1 Whether the appeal can proceed in light of the appellant's death.

Ratio Decidendi

The court determined that since the appellant, Protasio Kubai Mboroki, had died while in custody, the appeal could not proceed to judgment. The death of an appellant in a criminal appeal abates the proceedings, and the court is required to arrest judgment and make no further orders on the merits of the appeal. Accordingly, the judgment was arrested and the matter concluded without a determination on the substantive grounds of appeal.

Court Disposition

Judgment arrested due to death of appellant; proceedings abated.

Orders

  • Judgment of the court arrested in view of the death of the appellant in custody.