Hezekiel Osiro Osiro v Republic [2014] KECA 32 (KLR)
- Court
- Court of Appeal
- Case number
- 32
- Citation
- [2014] KECA 32 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a Judgment of the High Court of Kenya at Kisii (Musinga, J.) dated 22nd July, 2009 H.C.CR.A. NO. 59 OF 2007CoramJ.W. ONYANGO OTIENO, F.AZANGALALA, S. ole KANTAI
Holding
The appeal is marked as having abated pursuant to Rule 71 (6) of the Court of Appeal Rules.
Facts
The appellant was sentenced to imprisonment for a term of seven (7) years on 13th April 2007. However, the appellant is not present to prosecute his appeal due to his absence from prison and an unknown address.
Issues
- Whether the appellant's absence from prison justifies the abatement of the appeal.
- Whether the appellant's sentence should be upheld or modified.
Reasoning
The appellant is not present to prosecute his appeal due to his absence from prison and an unknown address. Therefore, the appeal is abated.
Outcome
Abated
Orders
- To mark the appeal as having abated pursuant to Rule 71 (6) of the Court of Appeal Rules.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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