[2001] KECA 305 (KLR)
The Court of Appeal held that since the appellant was not present to prosecute his appeal and had been released, the appeal could not proceed. Pursuant to Rule 70(7) of the Court of Appeal Rules, the court exercised its discretion to mark the appeal as abated. The absence of the appellant and the information...
Source-derived case information.
- Citation
- [2001] KECA 305 (KLR)
- Parties
- Applicant: Wilson Omondi Ochieng'; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 185 of 2000
- Procedural Posture
- Criminal Appeal / Ruling on Abatement of Appeal
- Outcome
- appeal abated
- Legal Topics
- Criminal Appeal Procedure, Abatement of Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Omondi Ochieng'
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Abatement of Appeal
Legal Issues
- 1 Whether the appeal should proceed in the absence of the appellant.
- 2 Whether the appeal abates upon the release of the appellant and his absence from prosecution.
Ratio Decidendi
The Court of Appeal held that since the appellant was not present to prosecute his appeal and had been released, the appeal could not proceed. Pursuant to Rule 70(7) of the Court of Appeal Rules, the court exercised its discretion to mark the appeal as abated. The absence of the appellant and the information provided by the state counsel were sufficient grounds for the court to conclude that the appeal should not continue.
Court Disposition
appeal abated
Orders
- The appeal is marked as abated pursuant to Rule 70(7) of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: CHUNGA, C.J., SHAH & O'KUBASU, JJ.A
CRIMINAL APPEAL NO. 185 OF 2000
BETWEEN
WILSON OMONDI OCHIENG'...............................APPLICANT
AND
REPUBLIC............................................................RESPONDENT
(Appeal from a conviction and sentence of the High Court
of Kenya at Meru (Etyang, J) dated 15th January,
1999
in
H.C.CR.APPEAL NO. 223 OF 1999)
******************
RULING OF THE COURT
This appeal was coming up for hearing when Mr. Oluoch appeared for the state but the appellant did not appear. We are now informed by Mr. Oluoch that the appellant has been released. Hence he is not here to prosecute his appeal.
In view of the above and pursuant to Rule 70(7) of the Court of Appeal Rules this appeal is marked abated.
Dated at Nairobi this 14th day of May, 2001.
B. CHUNGA ................ CHIEF JUSTICE
A.B. SHAH ..................... JUDGE OF APPEAL
E. O'KUBASU .................... JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR