[2018] KEHC 1892 (KLR)
The court found that the appellant, having been sentenced to one year imprisonment and having failed to attend or follow up on the appeal since February 2017, demonstrated no interest in prosecuting the appeal. The court exercised its discretion to dismiss the appeal for non-attendance and want of prosecution,...
Source-derived case information.
- Citation
- [2018] KEHC 1892 (KLR)
- Parties
- Appellant: Samson Ouma Olwana; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 26 of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Appeal for Non Attendance
- Outcome
- Appeal dismissed for non-attendance to prosecute.
- Judges
- RE Aburili
- Legal Topics
- Appeal Dismissal, Non Attendance, Conviction and Sentence, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Ouma Olwana
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal for Non Attendance
Legal Issues
- 1 Whether the appeal should be dismissed due to the appellant's failure to prosecute the appeal.
- 2 Whether the appellant has served the sentence and lost interest in the appeal.
Ratio Decidendi
The court found that the appellant, having been sentenced to one year imprisonment and having failed to attend or follow up on the appeal since February 2017, demonstrated no interest in prosecuting the appeal. The court exercised its discretion to dismiss the appeal for non-attendance and want of prosecution, noting that the appellant had likely served his sentence and had not made any effort to pursue the appeal.
Court Disposition
Appeal dismissed for non-attendance to prosecute.
Orders
- The appeal is dismissed for non-attendance to prosecute.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. 26 OF 2017
(CORAM: R. E. ABURILI - J.)
SAMSON OUMA OLWANA...................................APPELLANT
VERSUS
REPUBLIC..........................................................RESPONDENT
(Being an Appeal against Conviction and Sentence on a Judgment
delivered on 14/2/2017 in Criminal Case No. 699 of 2016
at Siaya Law Courts, before T.M. Olando, SRM)
RULING
1. The Appellant was sentenced to serve One Year imprisonment in February 2017, 14th.
2. He must have served sentence and is not interested in his appeal as he has never appeared to check on its progress.
3. Accordingly, the appeal herein is hereby dismissed for non-attendance to prosecute.
4. File closed.
Dated, Signed and Delivered at SIAYA this 2nd Day of October 2018.
R.E. ABURILI
JUDGE