Rex v Nzioki (Criminal Appeal No. 205 OF 1938)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Where an appellant in a criminal appeal has been certified as being of unsound mind after trial but before the appeal hearing, the proper course is to adjourn the appeal sine die rather than proceed in the appellant's absence.
Outcome
Appeal adjourned sine die due to appellant's unsound mind
Facts
The appellant was convicted by the Supreme Court of Kenya. After his trial and conviction, but before the scheduled hearing of his appeal, the appellant was certified to be of unsound mind. At the time set down for hearing the appeal, the appellant remained of unsound mind. The appellant was absent and unrepresented at the appeal hearing.
Issues
- Whether a criminal appeal should proceed where the appellant has become of unsound mind after trial but before the hearing of the appeal.
Orders
- Appeal adjourned sine die.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.