Wycliffe Oniango Khaemba v Republic [2013] KEHC 856 (KLR)
- Court
- High Court of Kenya
- Case number
- 856
- Citation
- [2013] KEHC 856 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a conviction and sentenceCoramGeorge Dulu
Holding
The court orders a fresh date for hearing of the appeal and issues a hearing notice to be served on the appellant.
Facts
The appellant, Wycliffe Oniango Khaemba, was convicted and sentenced in a criminal case. He was released from prison on 21/11/2012.
Issues
- Whether the appellant's appeal was abated due to his release from prison.
- Whether the appellant was served with a notice for hearing of his appeal.
Reasoning
The court notes that the appellant's release from prison does not abate his appeal. There is no evidence that he was served with a notice for hearing of his appeal.
Outcome
Appeal granted, new hearing date and notice issued.
Orders
- Fix a fresh date for hearing of the appeal.
- Issue a hearing notice to be served on the appellant.
Authorities cited
Legislation (1)
- Criminal Procedure Code (Cap. 75)
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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