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Cleophas Onyango Olajo v. Republic

(2002) JELR 103150 (CA)

Court of Appeal  •  Criminal Appeal 120 of 2002  •  4 Dec 2002  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha, Moijo Matayia Ole Keiwua

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: LAKHA, BOSIRE and KEIWUA JJ.A)

CRIMINAL APPEAL NO.120 OF 2002

BETWEEN

CLEOPHAS ONYANGO OLAJO ...................................APPELLANT

AND

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

(Appeal from a judgement of the High Court of Kenya at

Nairobi (Mr. Justice E. Owuor and S.O. Oguk JJ.) dated

18th November 1997

in

H.C.CR.A. NO.1043 of 1997

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

ORDER OF THE COURT

The appellant's appeal is against conviction and sentence. As the sentence against the appellant is capital by the practice of this Court he is entitled to legal representation either at his expense if he can afford it or on a pro bono basis. The counsel who was assigned to him by this Court one Ndege, has not attended court today although he was duly notified. We do not have any explanation for his nonattendance.That being the case, and there being no other counsel present and ready to represent the appellant, we are unable to proceā€¦

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