[2022] KEHC 16941 (KLR)
The court held that it was unable to prepare or deliver a judgment in the appeal because the record before it was incomplete, specifically lacking the judgment of the lower court. The absence of the judgment made it impossible for the appellate court to consider the merits of the appeal. The court therefore directed...
Source-derived case information.
- Citation
- [2022] KEHC 16941 (KLR)
- Parties
- Appellant: Moses Livoka Anzetse; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 103 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Record Completeness Prior to Judgment
- Outcome
- No determination on the merits; directions issued for completion of the record.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record, Judgment Availability, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Livoka Anzetse
Appellant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Appeal / Ruling on Record Completeness Prior to Judgment
Legal Issues
- 1 Whether the court can proceed to determine the appeal in the absence of the lower court's judgment in the record.
- 2 What steps should be taken to ensure the record is complete before judgment is rendered.
Ratio Decidendi
The court held that it was unable to prepare or deliver a judgment in the appeal because the record before it was incomplete, specifically lacking the judgment of the lower court. The absence of the judgment made it impossible for the appellate court to consider the merits of the appeal. The court therefore directed the Deputy Registrar to ensure that the full record, including both the handwritten and typed judgment, be availed before the matter could proceed. The case was set for mention for compliance with this directive.
Court Disposition
No determination on the merits; directions issued for completion of the record.
Orders
- The Deputy Registrar is directed to cause the full record, including the handwritten and typed judgment, to be availed.
- The matter shall be mentioned on a date to be given at delivery of the ruling for compliance.
Full Case Text
Judgment text and source record
19 paragraphs
Anzetse v Director of Public Prosecution (Criminal Appeal 103 of 2019) [2022] KEHC 16941 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16941 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Appeal 103 of 2019
WM Musyoka, J
December 23, 2022
Between
Moses Livoka Anzetse
Appellant
and
Director of Public Prosecution
Respondent
(An appeal arising from the ......... of Hon. E. W Muleka, Senior Resident Magistrate, delivered on ................ in Hamisi SPMCCC No. 159 of 2015)
Ruling
1. Am unable to prepare judgment in this matter as a copy of the judgment, whether typed or handwritten, is not in the record before me. The record does not appear to be complete.
2. I accordingly direct the Deputy Registrar to look into the matter and cause the full record to be availed, complete with the handwritten and the typed judgment.
3. The matter shall be mentioned, on a date to be given at delivery of the ruling, for compliance.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 23RDDAY OF DECEMBER, 2022. WM MUSYOKAJUDGEErick Zalo, Court Assistant.Moses Livoka Anzetse, the appellant, in personMs. Kagai, instructed by the Director of Public Prosecutions, for the Republic