[2001] KEHC 223 (KLR)
The court determined that the applicant's serious medical condition, as evidenced by medical reports indicating paralysis and related disabilities, constitutes sufficient grounds to expedite the hearing of his criminal appeal. The judge agreed with the applicant's counsel that the appeal should be prioritized, and...
Source-derived case information.
- Citation
- [2001] KEHC 223 (KLR)
- Parties
- Applicant: Simon Thuo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 25 June 2001
- Case Number
- ? 417 of 2001
- Procedural Posture
- Criminal Application / Application for Expedited Hearing of Appeal
- Outcome
- Application for expedited hearing of appeal granted.
- Legal Topics
- Attempted Robbery With Violence, Expedited Hearing, Appeal Procedure, Medical Conditions in Custody
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Thuo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Expedited Hearing of Appeal
Legal Issues
- 1 Whether the applicant's appeal against conviction and sentence should be expedited due to his serious medical condition.
- 2 Whether the applicant's medical condition justifies prioritizing the hearing of his appeal.
Ratio Decidendi
The court determined that the applicant's serious medical condition, as evidenced by medical reports indicating paralysis and related disabilities, constitutes sufficient grounds to expedite the hearing of his criminal appeal. The judge agreed with the applicant's counsel that the appeal should be prioritized, and accordingly directed that the appeal record be placed before the court for admission and subsequent hearing before two judges. The applicant is to remain in custody pending the expedited hearing.
Court Disposition
Application for expedited hearing of appeal granted.
Orders
- The appeal records (Cr. Appeal 616A of 2000) to be placed before the judge for admission today.
- The appeal to be heard before two judges on a date to be fixed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPLICATION NO.417 OF 2001
SIMON THUO ………………………………………..…..APPLICANT
VERSUS
REPUBLIC …………………………………………..…… RESPONDENT
RULING
The applicant was charged with attempted Robbery with Violence contrary to Section 297 (2) of the Penal Code. Particulars of the offence are that on 24th December, 1999 at TIEKUNU Village, Kiambu District, jointly with others not before court, and while armed with dangerous and offensive weapons, namely pangas, iron bars and rungus, attempted to rob Peter Njuguna Mwaura of his money. He was tried by the Thika Senior Resident Magistrate and convicted. On 29th May, 2000 he was sentenced to death. The applicant filed an appeal against both conviction and sentence, being Cr. Appeal No.616 A of 2000 which he is now asking to be heard and disposed off quickly because he has a serious medical problem, recorded in two medical Reports attached to his supporting affidavit. Essentially he suffered a fracture of the spine on 14. 5.1996 which has led to his paralysis from the waist downwards, with other medical consequential disabilities, e.g. inability to control urine flow and sexual malfunction.
I agree with Mr. Okello that this appeal be heard quickly. For this purpose the appeal records (Cr. Appeal 616A of 2000) be placed before me for admission today and for hearing before two judges on a date we shall fix thereafter.
The applicant will be and is hereby be returned to custody.
It is so ordered.
A.G.A. ETYANG’
JUDGE
25. 6.2001