[2002] KECA 171 (KLR)
The Court held that a notice of appeal, once filed, cannot be amended. The applicant's attempt to amend his notice of appeal was therefore procedurally incompetent. Furthermore, the Court found that the applicant's real grievance was with the administrative handling of his file by the High Court Registry, which is...
Source-derived case information.
- Citation
- [2002] KECA 171 (KLR)
- Parties
- Applicant: Abdala Otieno Kitengo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 8 of 2002
- Procedural Posture
- Criminal Application / Application to Amend Notice of Appeal
- Outcome
- application dismissed
- Legal Topics
- Appeals Process, Handling Stolen Property, Notice of Appeal, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdala Otieno Kitengo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application to Amend Notice of Appeal
Legal Issues
- 1 Whether a notice of appeal in a criminal matter can be amended.
- 2 Whether the applicant's complaint regarding the pursuit of his second appeal is properly before the Court of Appeal.
Ratio Decidendi
The Court held that a notice of appeal, once filed, cannot be amended. The applicant's attempt to amend his notice of appeal was therefore procedurally incompetent. Furthermore, the Court found that the applicant's real grievance was with the administrative handling of his file by the High Court Registry, which is not a matter for the Court of Appeal to resolve. As the file was now available, the Court saw no basis for granting the application and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application to amend the notice of appeal is dismissed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU CORAM: OMOLO, SHAH & O'KUBASU, JJ.A.CRIMINAL APPLICATION NO. NAI 8 OF 2002 (KSM 8/02)BETWEENABDALA OTIENO KITENGO ................................. APPLICANTANDREPUBLIC ....................................................... RESPONDENT(An application to amend notice of appeal in an appeal from a judgment of the High Court of Kenya at Kisumu (Kuloba J) dated 21st October, 1994 in H.C.CR.A. NO. 305 OF 1993) **************ORDER OF THE COURT The applicant, is, in reality applying to amend his notice of appeal by this application. A notice of appeal cannot be amended. The real complaint the applicant has is that his intended second appeal against the conviction of Handling Stolen Property contrary toSection 322(2) of the Penal Codeis not being seriously pursued by the High Court Registry, which Registry appears not to have the file of that Court. It does appear, now, however, that the file is available. We cannot make any orders on this application and dismiss the same.Made at Kisumu this 18th day of June, 2002. R. S. C. OMOLO
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JUDGE OF APPEAL
A. B. SHAH
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JUDGE OF APPEAL
E. O. O'KUBASU
---------------JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR