Timothy Maina Ndungu v Republic [2013] KEHC 1501 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

CRIMINAL APPEAL NO. 109  OF 2013

TIMOTHY MAINA NDUNGU ....................................................... APPELLANT

VERSUS

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

(APPEAL ARISING FROM THE JUDGMENT OF THE PRINCIPAL  MAGISTRATE’S COURT AT BARICHO BY S.  JALANG’O – CRIMINAL CASE NO. 449 OF 2012  ON  24TH  MAY  2013)

ORDER

The appellant was convicted for the offence of forgery contrary to Section 349 of the Penal Code and was convicted and sentenced to pay a fine of Ksh. 150,000/= or serve two (2) years imprisonment on 24th May 2013.   The record shows that he filed this appeal against conviction and sentence on 28th May 2013 but on 4th June 2013, he paid Ksh. 147,920  as fine  vide Court fine receipts No. 2592663 and was released from prison.

When this appeal came up for hearing before me today, he was absent.   It is not clear if he was aware that the appeal was coming up today.   The record does not indicate that he was served.   In the circumstance, this Court is not in a position to know whether the appellant wishes to proceed with the appeal or not.

I therefore direct that the appellant be served by the Attorney General’s office to appear on 12th November 2013 when this appeal shall be mentioned before Lady Justice Githua for further orders.

B.N. OLAO

JUDGE

15TH OCTOBER, 2013

This order has been made in open Court this 15th day of October, 2013.

Ms Kambanga State Counsel present.

B.N. OLAO

JUDGE

15TH OCTOBER, 2013