[2024] KEHC 3762 (KLR)
The court found that the appellant, having failed to appear and prosecute her appeal, demonstrated no interest in pursuing the matter. In accordance with established procedure, the court exercised its discretion to dismiss the appeal for want of prosecution. The absence of the appellant and lack of any prosecutorial...
Source-derived case information.
- Citation
- [2024] KEHC 3762 (KLR)
- Parties
- Appellant: Faith Muthoni Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 109 of 2023
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal dismissed for want of prosecution.
- Judges
- DR Kavedza
- Legal Topics
- Obtaining Money by False Pretences, Criminal Appeal Dismissal, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Muthoni Waweru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal should proceed in the absence of the appellant.
- 2 Whether failure to prosecute the appeal warrants dismissal.
Ratio Decidendi
The court found that the appellant, having failed to appear and prosecute her appeal, demonstrated no interest in pursuing the matter. In accordance with established procedure, the court exercised its discretion to dismiss the appeal for want of prosecution. The absence of the appellant and lack of any prosecutorial effort justified the dismissal without consideration of the merits of the conviction or sentence.
Court Disposition
Appeal dismissed for want of prosecution.
Orders
- The appeal is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
18 paragraphs
Waweru v Republic (Criminal Appeal 109 of 2023) [2024] KEHC 3762 (KLR) (22 April 2024) (Judgment)
Neutral citation: [2024] KEHC 3762 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 109 of 2023
DR Kavedza, J
April 22, 2024
Between
Faith Muthoni Waweru
Appellant
and
Republic
Respondent
Judgment
1. The appellant was charged and convicted for the offence of obtaining money by false pretences contrary to section 313 of the Penal Code. He was sentenced to pay a fine of 300,000 in default to serve 2 years imprisonment. Being aggrieved, she filed an appeal challenging her conviction and sentence.
2. On 22nd April 2024, when the matter came up for hearing of the appeal, the appellant was absent and failed to prosecute her appeal.
3. Consequently, the appeal is dismissed for want of prosecution.Orders accordingly.
JUDGEMENT DATED AND DELIVERED VIRTUALLY THIS 22ND DAY OF APRIL 2024. ........................D. KAVEDZAJUDGE