Timothy Babu & 2 Others v Republic [2014] KECA 46 (KLR)

IN THE COURT OF APPEAL

AT KISUMU

(CORAM:  NAMBUYE.AZANGALALA & KANTAI, JJ.A.)

CRIMINAL APPEAL NO.193 OF 2012

BETWEEN

TIMOTHY BABU & 2 OTHERS………………………………………………………….APPELLANTS

AND

REPUBLIC........................................................................................................................ RESPONDENT

(An Appeal from a Judgment of the High Court of Kenya at Kakamega

(Chitembwe, J.) dated 2nd May, 2012

in

H.C.CR.C. NO. 36 OF 2009)

*****************

ORDER OF THE COURT

This appeal coming up for  hearing  before  us  today.  When called out the appellants were not in attendance.

Learned counsel Mr. Abele the Assistant Director of Public Prosecutions informed us that appellants had been sentenced to serve 2 years imprisonment from 17. 5.012 which would naturally have ended on 17/5/2014. The appellants may very well have fully served their sentences and may be no longer interested in the pursuit of this appeal.

In the premises this appeal is accordingly dismissed under Rule 56 (1) of this Court's Rules for nonattendance of the appellants.

Dated at Kisumu this 10th  day of June, 2014

R.NAMBUYE

……………………………………

JUDGE OF APPEAL

F.AZANGALALA

……………………………..

JUDGE OF APPEAL

S. ole KANTAI

...................................

JUDGE OF APPEAL

I certify that this is a true

Copy of the original.

DEPUTY REGISTRAR