[2013] KEHC 856 (KLR)

[2013] KEHC 856 (KLR)

The court held that the appellant's release from prison does not result in the abatement of his appeal, as provided under Section 360 of the Criminal Procedure Code. Furthermore, there was no evidence that the appellant had been served with a hearing notice. Therefore, the court found it necessary to fix a fresh...

Source-derived case information.

Citation
[2013] KEHC 856 (KLR)
Parties
Applicant: Wycliffe Oniango Khaemba; Respondent: Republic
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Appeal 32 of 2011
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Hearing Notice and Fixing of Hearing Date
Outcome
Interlocutory orders issued; appeal not abated.
Judges
GMA Dulu
Legal Topics
Appeal Procedure, Service of Notice, Abatement of Appeal
Source Language
english
Criminal Law Appeal Procedure Service of Notice Abatement of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Wycliffe Oniango Khaemba

Applicant

Republic

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Ruling on Hearing Notice and Fixing of Hearing Date

Legal Issues

  1. 1 Does the release of the appellant from prison custody abate the criminal appeal?
  2. 2 Was the appellant properly served with a hearing notice for his appeal?

Ratio Decidendi

The court held that the appellant's release from prison does not result in the abatement of his appeal, as provided under Section 360 of the Criminal Procedure Code. Furthermore, there was no evidence that the appellant had been served with a hearing notice. Therefore, the court found it necessary to fix a fresh hearing date and ensure that the appellant is properly served with a hearing notice to safeguard his right to be heard on appeal.

Court Disposition

Interlocutory orders issued; appeal not abated.

Orders

  • The Deputy Registrar will fix a fresh date for hearing of the appeal.
  • The Deputy Registrar will issue a hearing notice to be served on the appellant.