[2006] KECA 152 (KLR)
The Court determined that, in the interest of justice, the appeal should be adjourned generally to allow the State to take appropriate procedural steps, including the possible withdrawal of the notice of appeal and the filing of a certificate under Section 379 of the Criminal Procedure Code. The Court considered the...
Source-derived case information.
- Citation
- [2006] KECA 152 (KLR)
- Parties
- Appellant: Republic; Respondent: Joseph Muraya Gichuhi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 259 of 2005
- Procedural Posture
- Criminal Appeal / Application for Adjournment Pending Withdrawal or Further Steps by the State
- Outcome
- Appeal adjourned generally to allow the State to take appropriate steps.
- Legal Topics
- Criminal Appeals, Withdrawal of Appeal, Adjournment Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Joseph Muraya Gichuhi
Respondent
Procedural Posture
Criminal Appeal / Application for Adjournment Pending Withdrawal or Further Steps by the State
Legal Issues
- 1 Whether the appeal should be adjourned to allow the State to take appropriate procedural steps.
- 2 Whether the State must withdraw the notice of appeal before filing a certificate under Section 379 of the Criminal Procedure Code.
Ratio Decidendi
The Court determined that, in the interest of justice, the appeal should be adjourned generally to allow the State to take appropriate procedural steps, including the possible withdrawal of the notice of appeal and the filing of a certificate under Section 379 of the Criminal Procedure Code. The Court considered the submissions of both parties and found that an adjournment would best serve the proper administration of justice, rather than proceeding prematurely or without procedural clarity.
Court Disposition
Appeal adjourned generally to allow the State to take appropriate steps.
Orders
- The appeal is adjourned generally to allow the State to take appropriate steps in the matter.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE COURT APPEAL AT MOMBASA
Criminal Appeal 259 of 2005
REPUBLIC ………………………………………………..…………. APPELLANT
AND
JOSEPH MURAYA GICHUHI ………………………………....… RESPONDENT
(An appeal against the sentence of the High Court of Kenya at Mombasa (Lady Justice Khaminwa) dated 25th January, 2005
in
H.C.CR.C. NO.21 OF 2002)
*****************
RULING OF THE COURT
This appeal came up for hearing on 24th January, 2006 when Mrs. Mwangi the Assistant Deputy Public Prosecutor applied for adjournment on the ground that she needed to consult the DPP on some aspects of the appeal. It would appear that after the consultations they filed a certificate under Section 379 of the Criminal Procedure Code.
Mr. Gakuhi the learned counsel for the appellant, has pointed out that there was a notice of appeal filed in this matter which notice has not been withdrawn. It was his view that the appeal should be withdrawn and the State should then file a certificate after obtaining leave.
We have considered these submissions by Mrs. Mwangi and Mr. Gakuhi, and we are of the view that in the interest of justice this appeal be and is hereby adjourned generally so as to allow the State to take appropriate steps in the matter.
Dated at Mombasa this 24th day of July, 2006.
S.E.O. BOSIRE
…………………………….
JUDGE OF APPEAL
E. O. O’KUBASU
……………………………….
JUDGE OF APPEAL
J.W. DEVERELL
……………………………….
JUDGE OF APPEAL
I certify that this a true copy of the original.
DEPUTY REGISTRAR