PETER JOHN MAINA GACHIRI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was, on the 29th January, 1986, convicted by the Magistrate's court of stealing and was sentenced to 18 months imprisonment.

He appealed against the conviction to the High Court, as he was entitled to do. The appeal was admitted to hearing and was listed before Mbaluto, J. on the 21st October, 1986. The appellant was absent, so the court adjourned the hearing to the 13th November, 1986. The appellant was thought to be in prison so the judge ordered that he should be brought to court on the adjourned date. On that day the appellant was again absent. Accordingly, the judge adjourned the appeal to "next session."

The appeal finally came before Tanui, J. on the 23rd January, 1987. The appellant was then represented by Mr. Kirundi, Advocates, who informed the court that as the appellant has served his sentence he has withdrawn the appeal. The judge then recorded as follows.

"The file marked as closed".

In view of the withdrawal of the appeal, the learned Judg…