[2004] KEHC 768 (KLR)
The court found that the appellant, having withdrawn instructions from his advocate who then withdrew from the case, was required to be present in court to prosecute his appeal. The appellant was not in custody, had been released on presidential amnesty, and had notice of the hearing through his advocate. His...
Source-derived case information.
- Citation
- [2004] KEHC 768 (KLR)
- Parties
- Appellant: Samuel Kuvuta; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 43 of 2003
- Procedural Posture
- Criminal Appeal / Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Legal Topics
- Appeal Dismissal, Want of Prosecution, Withdrawal of Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 and his counsel.
- 2 Whether the withdrawal of instructions by the appellant's advocate justifies dismissal of the appeal for want of prosecution.
Ratio Decidendi
The court found that the appellant, having withdrawn instructions from his advocate who then withdrew from the case, was required to be present in court to prosecute his appeal. The appellant was not in custody, had been released on presidential amnesty, and had notice of the hearing through his advocate. His absence, despite being a free person and having notice, constituted a failure to prosecute the appeal. The court therefore dismissed the appeal for want of prosecution, holding that the responsibility to prosecute the appeal rested with the appellant once his advocate withdrew.
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
14 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