[2002] KECA 216 (KLR)
The Court determined that the absence of a memorandum of appeal in the record is a procedural deficiency that precludes the hearing of the appeal. The appeal was therefore removed from the day's cause list and stood over to the next session, with directions for the appellant to file the memorandum of appeal within...
Source-derived case information.
- Citation
- [2002] KECA 216 (KLR)
- Parties
- Appellant: Augustine Kuka Guda; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 51 of 2002
- Procedural Posture
- Criminal Appeal / Order on Listing; Memorandum of Appeal Missing; Appeal Stood Over
- Outcome
- Appeal stood over to the next session; directions issued for filing memorandum of appeal.
- Legal Topics
- Criminal Appeals, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Augustine Kuka Guda
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order on Listing; Memorandum of Appeal Missing; Appeal Stood Over
Legal Issues
- 1 Whether the appeal can proceed in the absence of a memorandum of appeal.
Ratio Decidendi
The Court determined that the absence of a memorandum of appeal in the record is a procedural deficiency that precludes the hearing of the appeal. The appeal was therefore removed from the day's cause list and stood over to the next session, with directions for the appellant to file the memorandum of appeal within 14 days. The prison authorities were directed to assist the appellant in complying with this order.
Court Disposition
Appeal stood over to the next session; directions issued for filing memorandum of appeal.
Orders
- The appeal is taken out of today's cause list and stood over to the next session at Kisumu.
- The appellant shall lodge the memorandum of appeal within 14 days hereof.
Full Case Text
Judgment text and source record
7 paragraphs
REPULIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU (CORAM: KWACH, TUNOI & BOSIRE JJ.A) CRIMINAL APPEAL NO.51 OF 2002 BETWEEN AUGUSTINE KUKA GUDA .....................................APPELLANT AND REPUBLIC .........................................................RESPONDENT(Appeal from a sentence of the High Court of Kenya atKakamega (Mr. Justice Waweru) dated 14th February, 2002 in H.C.CR.C. NO.18 of 2000) ****************ORDER OF THE COURT
As the record of appeal does not incorporate the memorandum of appeal, the appeal is taken out of to-day's cause list and stood over to the next session at Kisumu. The appellant shall lodge the memorandum of appeal within 14 days hereof. The prison authorities under whom the appellant is held shall assist the appellant to comply with this order.
Made at Kisumu this 11th day of June, 2002.
R.O. KWACH...................JUDGE OF APPEALP.K. TUNOI..................JUDGE OF APPEALS.E.O. BOSIRE..................JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR