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Court of AppealAllowedCriminal Appeal No. 167 of 2001

Daniel Marita v Republic [2002] KECA 34 (KLR)

Court of Appeal of Kenya
12 March 2002
RKR.O. KwachPhilip Kiptoo TunoiP.K. TunoiMKM. Ole Keiwua
141 words in judgment
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The bottom line

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Kenya's Court of Appeal revived a criminal appeal that the High Court had thrown out without a hearing, sending it back for proper consideration.

What this practically means

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Executive summary

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This brief judgment of the Court of Appeal at Kisumu disposes of Criminal Appeal No. 167 of 2001, in which Daniel Marita appealed against an order of the High Court of Kenya at Kisumu (Wambiliangah, J.) dated 20 September 2001 in H.C. Criminal Appeal No. 165 of 2001. The order under challenge was one summarily rejecting the appellant's appeal in the High Court, thereby foreclosing the hearing of that appeal on its merits. The judgment, delivered on 12 March 2002 as the judgment of the full bench of Kwach, Tunoi and Ole Keiwua, JJ.A., is confined to its operative disposition and contains no extended reasoning. The court recorded that the State did not oppose the appeal. On that basis it allowed the appeal, set aside the order summarily rejecting the appellant's appeal, and remitted the appeal to the High Court to admit it and to deal with it according to law. The practical effect is that the appellant's substantive criminal appeal, previously terminated by summary rejection, was revived and returned to the High Court for admission and disposal according to law. No costs order was made. The judgment cites no authorities and no statutory provisions, and no separate opinions were rendered; the bench was unanimous. For practitioners, the decision is a concise illustration of the Court of Appeal's treatment of orders summarily rejecting criminal appeals in the High Court, and of the course adopted where the State does not oppose such an appeal: the appeal is allowed, the summary rejection is set aside, and the matter is remitted for admission and hearing according to law.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the appeal against the order of the High Court (Wambiliangah, J.) summarily rejecting the appellant's criminal appeal should be allowed, the State not opposing it.
  2. 2.Whether the order summarily rejecting the appeal should be set aside and the appeal remitted to the High Court to be admitted and dealt with according to law.

Key legal issues

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01

Whether the order of the High Court summarily rejecting the appellant's criminal appeal ought to be set aside.

Holding

Yes. The Court of Appeal allowed the appeal, set aside the order of summary rejection, and remitted the appeal to the High Court to be admitted and dealt with according to law.

Reasoning

The judgment contains no extended reasoning. It records only that the State did not oppose the appeal, and on that basis the Court allowed the appeal, set aside the order summarily rejecting the appellant's appeal, and remitted the matter to the High Court to admit the appeal and deal with it according to law. The brevity of the judgment reflects the unopposed nature of the appeal and the narrow point arising from the summary rejection order.

p. 1

Legal principles established

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  • An order of the High Court summarily rejecting a criminal appeal is liable to be set aside on further appeal, with the appeal remitted to the High Court to be admitted and dealt with according to law, including where the State does not oppose the appeal.

Court orders

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  1. 1.The appeal is allowed.
  2. 2.The order summarily rejecting the appellant's appeal is set aside.
  3. 3.The appeal is remitted to the High Court to admit it and to deal with it according to law.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

RK
majority
Philip Kiptoo Tunoi
majority
MK
majority
On appeal from
High Court of Kenya at Kisumu
H.C. Cr. Appeal No. 165 of 2001
Jurisdiction invoked
Not stated in the judgment. The appeal was brought against an order of the High Court of Kenya at Kisumu summarily rejecting the appellant's criminal appeal.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The state not opposing the appeal, the same is allowed. The order summarily rejecting it is set aside. We remit the appeal to the High Court to admit it and to deal with it according to law.
p. 1Final orders: appeal allowed, order of summary rejection set aside, appeal remitted to the High Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Daniel Marita v Republic [2002] KECA 34 (KLR)", Case Analysis (2002). Criminal Appeal No. 167 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/34/eng@2002-03-12

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.