[2004] KEHC 2597 (KLR)
The court found that the appellant, having withdrawn instructions from his advocates who then withdrew from the appeal, was required to be present in court to prosecute his appeal. The court noted that the appellant was a free person, had been released from jail, and had been served with a hearing notice through his...
Source-derived case information.
- Citation
- [2004] KEHC 2597 (KLR)
- Parties
- Appellant: Samuel Kuvuta; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 43 of 2003
- Procedural Posture
- Criminal Appeal / Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Legal Topics
- Appeal Dismissal, Withdrawal of Counsel, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samuel Kuvuta
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should proceed in the absence of the appellant after withdrawal of counsel.
- 2 Whether the appeal should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the appellant, having withdrawn instructions from his advocates who then withdrew from the appeal, was required to be present in court to prosecute his appeal. The court noted that the appellant was a free person, had been released from jail, and had been served with a hearing notice through his advocates. The absence of the appellant, without explanation, constituted a failure to prosecute the appeal. Consequently, the court exercised its discretion to dismiss the appeal for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is hereby dismissed for want of prosecution.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL NO. 43 OF 2003 SAMUEL KUVUTA……………………………….APPLICANT VERSUS REPUBLIC…………………….……………….RESPONDENT
4/3/04
Coram: J.M. Khamoni (J)
Mr. Omwega for state
Miss Ndegwa for Appellant
Njue – c/c
Miss Ndegwa The Appellant wrote to us withdrawing his instructions. We are therefore withdrawing from this case. The Appellant is not personally in court.
Mr. Omwega:
Appellant released from jail on presidential Amnesty. Not here in court. I am ready to proceed with hearing of my appeal.
J.M. KHAMONI JUDGE
COURT:
The Learned state counsel is here and ready to proceed with hearing of the Appellant’s appeal.
I am also ready and willing to proceed with the hearing of the appeal.
The Appellant having withdrawn instructions from his advocates who have now withdrawn from this appeal, the appellant should have been here to prosecute his appeal since his advocates were served with the hearing notice for to-day and I take it that they passed it over to him. If they did not, that is their problem with their client.
The name of the Appellant has been called out in court, he is not present yet he is a free person out of jail.
In the circumstances therefore, this appeal is hereby dismissed for want of prosecution.
Dated this 4th Day of March, 2004.
J.M. KHAMONI JUDGE