[2024] KEHC 12867 (KLR)
The court found that the appellant had not attended court at any stage since filing the appeal and that repeated attempts to secure her attendance, including production orders to the prison, confirmed she was not in custody. In the absence of the appellant and any indication that she intended to prosecute the...
Source-derived case information.
- Citation
- [2024] KEHC 12867 (KLR)
- Parties
- Appellant: Mary Wanjiru; Respondent: Republic; Intended Interested Party: Paul Kinyua Nginyo
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 4 of 2020
- Procedural Posture
- Criminal Appeal / Ruling on Abandonment of Appeal
- Outcome
- Appeal marked as abandoned and file closed.
- Judges
- DO Chepkwony
- Legal Topics
- Appeal Abandonment, Conviction for Alcohol Offences, Sentencing and Fines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wanjiru
Appellant
Republic
Respondent
Paul Kinyua Nginyo
Intended Interested Party
Procedural Posture
Criminal Appeal / Ruling on Abandonment of Appeal
Legal Issues
- 1 Whether the appeal should proceed in the absence of the appellant.
- 2 Whether the appeal is deemed abandoned due to the appellant's non-attendance.
- 3 Whether the sentence and forfeiture orders remain valid.
Ratio Decidendi
The court found that the appellant had not attended court at any stage since filing the appeal and that repeated attempts to secure her attendance, including production orders to the prison, confirmed she was not in custody. In the absence of the appellant and any indication that she intended to prosecute the appeal, the court exercised its discretion to mark the appeal as abandoned. The file was accordingly closed, and the orders of the trial court, including the fine and forfeiture, remain undisturbed.
Court Disposition
Appeal marked as abandoned and file closed.
Orders
- The appeal is marked as abandoned.
- The matter/file is marked as closed.
Full Case Text
Judgment text and source record
22 paragraphs
Wanjiru v Republic; Nginyo (Intended Interested Party) (Criminal Appeal 4 of 2020) [2024] KEHC 12867 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12867 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Appeal 4 of 2020
DO Chepkwony, J
October 24, 2024
Between
Mary Wanjiru
Appellant
and
Republic
Respondent
and
Paul Kinyua Nginyo
Intended Interested Party
Ruling
1. The matter is for mention for parties to take directions on Petition of Appeal dated 13th February, 2020. The Appellant is not present and I note that she has never attended court since filing the appeal.
2. I have read through the Petition of Appeal and established that the Appellant was convicted on 31st December, 2019 for the offence of Selling Alcoholic Drinks Against Authorized Hours contrary to Section 35(4) of the Kiambu County Alcoholic Drink Control, Act 2018. And on 31st January, 2020, the accused was sentenced to a fine of Kshs.30,000. 00 and the goods presented as exhibits which had been seized from her forfeited to the State and yet they belonged to an Interested Party.
3. Although the original record of proceedings has never been availed to confirm whether or not the Appellant paid the fine as ordered, it is possible that she may have paid the same because several Production Orders served upon the Office-in-Charge, Langata Women’s Prison have returned with an indication that she is not in their custody.
4. In the circumstances, the appeal is hereby marked as abandoned. The matter/file is marked as closed.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF OCTOBER *, 2024. D. O. CHEPKWONYJUDGEIn the presence of:-Appellant in person – absentM/S Ndeda counsel for RespondentCourt Assistant - Martin