Benjamin Mbithi Kaveva v Republic [2014] KECA 823 (KLR)
- Court
- Court of Appeal
- Case number
- 823
- Citation
- [2014] KECA 823 (KLR)
- Decided
- 10 February 2014
Summary at a glance
TypeCriminal AppealPostureAppeal from the High Court judgmentCoramH. M. OKWENGU, JUDGE OF APPEAL ASIKE-MAKHANDIA, JUDGE OF APPEAL F. SICHALE
The court cautions the appellant against failing to attend court and allows him to choose his own counsel or proceed in person.
Facts
The appellant Benjamin Mbithi Kaveva failed to attend court on January 20, 2014, due to attending the funeral of his nephew's mother-in-law. He explained that he had to travel to Asembo in Siaya County for the funeral and arrived late due to travel difficulties.
Issues
- Appellant's failure to attend court
- Appellant's choice of counsel
Reasoning
The court appreciates the appellant's explanation but emphasizes that attending the funeral cannot be at the expense of legal responsibilities, especially when someone is in custody.
Outcome
The matter is adjourned until the May session, and the appellant must either identify his own advocate or proceed in person.
Orders
- Adjournment of the matter until the May session
- Appellant's choice of counsel or proceeding in person
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