[2013] KEHC 1514 (KLR)
The court determined that since the appellant had died during the pendency of the appeal, the appeal could not proceed further. Section 360 of the Criminal Procedure Code expressly provides that an appeal abates on the death of the appellant. The court, therefore, marked the appeal as abated, bringing the...
Source-derived case information.
- Citation
- [2013] KEHC 1514 (KLR)
- Parties
- Appellant: Samwel Mbugua Kigo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 115 of 2012
- Procedural Posture
- Criminal Appeal / Appeal Hearing
- Outcome
- Appeal abated due to death of appellant.
- Judges
- BN Olao
- Legal Topics
- Criminal Appeal Abatement, Death of Appellant, Criminal Procedure Code Section 360
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Mbugua Kigo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Hearing
Legal Issues
- 1 Whether the appeal should continue after the death of the appellant.
- 2 Whether Section 360 of the Criminal Procedure Code mandates abatement of the appeal upon the appellant's death.
Ratio Decidendi
The court determined that since the appellant had died during the pendency of the appeal, the appeal could not proceed further. Section 360 of the Criminal Procedure Code expressly provides that an appeal abates on the death of the appellant. The court, therefore, marked the appeal as abated, bringing the proceedings to an end.
Court Disposition
Appeal abated due to death of appellant.
Orders
- The appeal is hereby marked as abated.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL APPEAL NO. 115 OF 2012
SAMWEL MBUGUA KIGO ............................................................. APPELLANT
VERSUS
REPUBLIC ......................................................................................RESPONDENT
(APPEAL ARISING FROM THE JUDGMENT OF THE SENIOR RESIDENT MAGISTRATE’S COURT AT BARICHO BY J.N. MWANIKI – CRIMINAL CASE NO. 54 OF 2011 ON 24TH JUNE 2011)
ORDER
During the hearing of the appeal herein, it was indicated by the State Counsel Ms Kabanga that the appellant died on 27th June 2013.
In the circumstances and pursuant to the provisions of Section 360 of the Criminal Procedure Code, this appeal is hereby marked as abated.
B.N. OLAO
JUDGE
14TH OCTOBER, 2013