[2014] KECA 46 (KLR)
The Court of Appeal dismissed the appeal on the basis that the appellants were not in attendance at the hearing and, given that their sentences had likely been fully served, they may no longer have an interest in pursuing the appeal. The dismissal was effected pursuant to Rule 56(1) of the Court of Appeal Rules,...
Source-derived case information.
- Citation
- [2014] KECA 46 (KLR)
- Parties
- Appellant: Timothy Babu & 2 Others; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 193 of 2012
- Procedural Posture
- Criminal Appeal / Appeal Hearing; Dismissal for Nonattendance
- Outcome
- appeal dismissed for nonattendance
- Judges
- S ole Kantai
- Legal Topics
- Criminal Appeals, Nonattendance, Dismissal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Babu & 2 Others
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Hearing; Dismissal for Nonattendance
Legal Issues
- 1 Whether the appeal should proceed in the absence of the appellants.
- 2 Whether the appeal should be dismissed for nonattendance under Rule 56(1) of the Court of Appeal Rules.
Ratio Decidendi
The Court of Appeal dismissed the appeal on the basis that the appellants were not in attendance at the hearing and, given that their sentences had likely been fully served, they may no longer have an interest in pursuing the appeal. The dismissal was effected pursuant to Rule 56(1) of the Court of Appeal Rules, which empowers the court to dismiss an appeal for nonattendance by the appellants.
Court Disposition
appeal dismissed for nonattendance
Orders
- The appeal is dismissed under Rule 56(1) of the Court of Appeal Rules for nonattendance of the appellants.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: NAMBUYE.AZANGALALA & KANTAI, JJ.A.)
CRIMINAL APPEAL NO.193 OF 2012
BETWEEN
TIMOTHY BABU & 2 OTHERS………………………………………………………….APPELLANTS
AND
REPUBLIC........................................................................................................................ RESPONDENT
(An Appeal from a Judgment of the High Court of Kenya at Kakamega
(Chitembwe, J.) dated 2nd May, 2012
in
H.C.CR.C. NO. 36 OF 2009)
*****************
ORDER OF THE COURT
This appeal coming up for hearing before us today. When called out the appellants were not in attendance.
Learned counsel Mr. Abele the Assistant Director of Public Prosecutions informed us that appellants had been sentenced to serve 2 years imprisonment from 17. 5.012 which would naturally have ended on 17/5/2014. The appellants may very well have fully served their sentences and may be no longer interested in the pursuit of this appeal.
In the premises this appeal is accordingly dismissed under Rule 56 (1) of this Court's Rules for nonattendance of the appellants.
Dated at Kisumu this 10th day of June, 2014
R.NAMBUYE
……………………………………
JUDGE OF APPEAL
F.AZANGALALA
……………………………..
JUDGE OF APPEAL
S. ole KANTAI
...................................
JUDGE OF APPEAL
I certify that this is a true
Copy of the original.
DEPUTY REGISTRAR