[2007] KECA 202 (KLR)
The Court held that since the appellant, Samuel Kiragu Mwangi, is deceased, the appeal cannot proceed and must abate in accordance with rule 68(1)(a) of the Court of Appeal Rules. The abatement of the appeal is a procedural consequence mandated by the rules when an appellant dies before the determination of the appeal.
Source-derived case information.
- Citation
- [2007] KECA 202 (KLR)
- Parties
- Appellant: Samuel Kiragu Mwangi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 125 of 2005
- Procedural Posture
- Criminal Appeal / Appeal Abated Due to Death
- Outcome
- appeal abated
- Legal Topics
- Appeal Abatement, Death of Appellant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kiragu Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Abated Due to Death
Legal Issues
- 1 Whether the appeal should proceed in light of the appellant's death.
Ratio Decidendi
The Court held that since the appellant, Samuel Kiragu Mwangi, is deceased, the appeal cannot proceed and must abate in accordance with rule 68(1)(a) of the Court of Appeal Rules. The abatement of the appeal is a procedural consequence mandated by the rules when an appellant dies before the determination of the appeal.
Court Disposition
appeal abated
Orders
- The appeal abates under rule 68(1)(a) of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEAL OF KENYA AT NAKURU Criminal Appeal 125 of 2005
SAMUEL KIRAGU MWANGI………….…..APPELLANT
AND
REPUBLIC……………………………..RESPONDENT
(Appeal from a conviction, and sentence of the High Court of Kenya
Nakuru (Muga Apondi, J) dated 31st January, 2005 in H.C.CR.C. NO 5 OF 2000)
**************************
ORDER OF THE COURT
Because the appellant is dead, this appeal abates under rule 68(1) (a) of the Court’s Rules
Made at Nakuru this 24th day of September, 2007
R.S.C. OMOLO
…………………….
JUDGE OF APPEAL
E.O. O’KUBASU
…………………….
JUDGE OF APPEAL
W.S. DEVERELL
……………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR