[2016] KEHC 7921 (KLR)
The court found that the appellant had died during the pendency of the appeal, as evidenced by official documents provided by his family. Since the appellant was no longer alive to pursue the appeal, the court held that the appeal could not proceed and must abate. The file was accordingly ordered closed, as there...
Source-derived case information.
- Citation
- [2016] KEHC 7921 (KLR)
- Parties
- Respondent: Republic; Appellant: J K K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 169 of 2011
- Procedural Posture
- Criminal Appeal / Ruling on Abatement Due to Appellant's Death
- Outcome
- appeal abated due to death of appellant
- Judges
- LK Kimaru
- Legal Topics
- Incest Offence, Sexual Assault, Appeal Abatement, Death of Appellant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
J K K
Appellant
Procedural Posture
Criminal Appeal / Ruling on Abatement Due to Appellant's Death
Legal Issues
- 1 Whether the appeal should proceed in light of the appellant's death.
- 2 Whether sufficient proof of death was provided to the court.
Ratio Decidendi
The court found that the appellant had died during the pendency of the appeal, as evidenced by official documents provided by his family. Since the appellant was no longer alive to pursue the appeal, the court held that the appeal could not proceed and must abate. The file was accordingly ordered closed, as there was no longer a live issue for determination.
Court Disposition
appeal abated due to death of appellant
Orders
- This appeal is marked as abated.
- The file is ordered closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO.169 OF 2011
(An Appeal arising out of the conviction and sentence of Hon. T. Mwangi – SRM delivered on 18th July 2011 in Makadara CM.CR. Case No.491 of 2010)
REPUBLIC….........................................PROSECUTOR
VERSUS
J K K.............................................................ACCUSED
RULING
The Appellant, J K K was charged and convicted of the offence of committing incest under Section 20(1) of the Sexual Offences Actand sexual assault under Section 5(1) of the Sexual Offences Act. In respect of the first count, he was sentenced to serve fourteen (14) years imprisonment. In respect of the second court, he was sentenced to serve five (5) years imprisonment. He filed an appeal to this court. The Appellant was released on bail pending the hearing of the appeal.
The Appeal was heard by this court on 19th April 2016. Judgment was reserved for 18th May 2016. The Appellant did not attend court for the delivery of Judgment. On 19th May 2016, this court was informed that the Appellant had been fallen ill and had been hospitalized. That said to be the reason why he failed to attend court. The court listed the case for Mention on 14th June 2016 and then on 22nd June 2016 when it was informed that the Appellant had succumbed to his illness on 31st May 2016. The court asked the family of the Appellant to provide proof of the death of the Appellant. The same was supplied to court on 20th June 2016. The documents supplied included the burial permit and admission chit of the Appellant’s body at Kenyatta University Funeral Home.
This court is satisfied that the Appellant is indeed deceased. In the circumstances therefore, this appeal is marked as abated. The file is ordered closed.
DATED AT NAIROBI THIS 5TH DAY OF AUGUST 2016
L. KIMARU
JUDGE