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Gabriel Ngunyangi Banice v. Republic

(2015) JELR 105479 (CA)

Court of Appeal  •  Criminal Appeal 345 of 2011  •  30 Jun 2015  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: MARAGA, MUSINGA and GATEMBU, JJ.A.)

CRIMINAL APPEAL NO. 345 OF 2011

BETWEEN

GABRIEL NGUNYANGI BANICE...................................APPELLANT

AND

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

(An Appeal from a Judgment of the High Court of Kenya at Kakamega, (Lenaola, J.) dated 3th October, 2011

In

H.C.CR.A.NO. 279 OF 1995)

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

ORDER OF THE COURT

Neither the appellant nor his advocate is in court today. When this appeal last came up for hearing on 23rd March 2015, Mr. Ogesa who was appearing for the appellant obtained an adjournment to file a memorandum of appeal. None has to date been filed.

In the circumstances, we find that the appellant has lost interest in this appeal and we accordingly dismiss it under Rule 71(4) of the Court of Appeal Rules.

DATED this 30th day of June, 2015.

D.K.MARAGA

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

JUDGE OF APPEAL

D.K. MUSINGA

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

JUDGE OF APPEAL

S. GATEMBU…

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