[2022] KEHC 14081 (KLR)
The court found that the appellant had failed to appear and prosecute the appeal despite several listings for hearing. As a result, the court concluded that the appeal had been abandoned and, in accordance with established practice, dismissed the appeal for want of prosecution and ordered the file closed.
Source-derived case information.
- Citation
- [2022] KEHC 14081 (KLR)
- Parties
- Applicant: Rosemary Chepkemoi Ruto; Respondent: Director of Public Prosecution; Respondent: Joel Kipngetich Ngeny; Respondent: Julius Mongare Motanya
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E019 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution.
- Judges
- AN Ongeri
- Legal Topics
- Appeal Dismissal, Want of Prosecution, Abandonment of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosemary Chepkemoi Ruto
Applicant
Director of Public Prosecution
Respondent
Joel Kipngetich Ngeny
Respondent
Julius Mongare Motanya
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 failure to appear and prosecute the appeal.
Ratio Decidendi
The court found that the appellant had failed to appear and prosecute the appeal despite several listings for hearing. As a result, the court concluded that the appeal had been abandoned and, in accordance with established practice, dismissed the appeal for want of prosecution and ordered the file closed.
Court Disposition
Appeal dismissed for want of prosecution.
Orders
- The appeal is dismissed for want of prosecution.
- The file is to be closed accordingly.
Full Case Text
Judgment text and source record
24 paragraphs
Ruto v Director of Public Prosecution & 2 others (Criminal Appeal E019 of 2021) [2022] KEHC 14081 (KLR) (14 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14081 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Appeal E019 of 2021
AN Ongeri, J
October 14, 2022
Between
Rosemary Chepkemoi Ruto
Applicant
and
Director of Public Prosecution
1st Respondent
Joel Kipngetich Ngeny
2nd Respondent
Julius Mongare Motanya
3rd Respondent
Ruling
1. The appeal was admitted on 21/4/2022 for hearing before a single judge at Kericho High Court.
2. The court directed that the hearing date to be taken in the registry.
3. The matter has been listed for hearing several times but the appellant has never appeared in court to prosecute the appeal.
4. The appellant appears to have abandoned the appeal and this court has no option but to dismiss the appeal for want of prosecution.
5. The file to be closed accordingly.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 14TH DAY OF OCTOBER, 2022. A. N. ONGERIJUDGE