Macharia & another v Republic [2023] KEHC 25685 (KLR)

Macharia & another v Republic (Criminal Appeal 167 of 2023) [2023] KEHC 25685 (KLR) (23 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25685 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Appeal 167 of 2023

DR Kavedza, J

November 23, 2023

Between

Rachel Wanjiru Macharia

1st Appellant

Paul Maina Macharia

2nd Appellant

and

Republic

Respondent

Ruling

1. I have considered the notice of motion dated 13th November 2023, supported by the affidavit sworn by the 1st appellant seeking reinstatement of the appeal their appeal dismissed for want of prosecution. Consequently, I make the following orders:

2. The appellants’ appeal is reinstated.

3. The Deputy Registrar shall ensure that the original lower court file and the certified record of proceedings are submitted to the High Court at the earliest opportunity.

4. The appellant shall endeavor to prepare as soon as practicable prepare and serve a complete Record of Appeal.

5. This matter shall be mentioned virtually on 27th February 2024 for directions.

6. Notices shall issue accordingly.

DATED AND DELIVERED IN THE ABSENCE OF THE PARTIES THIS 23RD DAY OF NOVEMBER 2023_______________________D. KAVEDZAJUDGE