[2022] KEHC 10605 (KLR)
The court found that the appeal was incompetent due to the appellant supplying incorrect particulars of the lower court file. Despite repeated efforts to obtain the correct trial court record, the court was unable to proceed as the file provided related to a different accused and offence. The absence of proper...
Source-derived case information.
- Citation
- [2022] KEHC 10605 (KLR)
- Parties
- Appellant: Lawrence Ochieng Awuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 28 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Competency of Appeal
- Outcome
- appeal struck out for incompetency
- Judges
- RE Aburili
- Legal Topics
- Appeal Incompetency, Robbery With Violence, Procedural Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Ochieng Awuor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Competency of Appeal
Legal Issues
- 1 Whether the appeal is competent in the absence of proper particulars of the lower court file.
- 2 Whether the court can determine the appeal on its merits without the correct trial court record.
Ratio Decidendi
The court found that the appeal was incompetent due to the appellant supplying incorrect particulars of the lower court file. Despite repeated efforts to obtain the correct trial court record, the court was unable to proceed as the file provided related to a different accused and offence. The absence of proper particulars made it impossible for the court to admit and determine the appeal on its merits. The court therefore struck out the appeal and closed the file, noting that the appellant is at liberty to file a fresh appeal with the correct particulars.
Court Disposition
appeal struck out for incompetency
Orders
- The appeal is struck out for want of proper particulars of the lower court file.
- The file is closed.
Full Case Text
Judgment text and source record
25 paragraphs
Awuor v Republic (Criminal Appeal 28 of 2018) [2022] KEHC 10605 (KLR) (16 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10605 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Appeal 28 of 2018
RE Aburili, J
June 16, 2022
Between
Lawrence Ochieng Awuor
Appellant
and
Republic
Respondent
Ruling
1. This appeal was filed in this court on 8/6/2018 by Lawrence Ochieng Awuor who claims that he was convicted for the offence of robbery with violence contrary to section 296 (2) of the Penal code, vide Bondo PM Cr Case No 602 of 2016.
2. This court then called for the cited trial court record on 11/6/2018 and since then, four reminders have been send to that court without any response forthcoming.
3. On 13/6/2022, during this court’s station supervisory visit, I called for the said file and on the case file cited being availed, it had names of a different accused person and the offence was also different.
4. The appellant has never been in touch with this court over this case.
5. The court has however kept the file active hoping to receive the trial court record for admission of the appeal and for further directions to no avail.
6. Now that it is clear to this court that the appellant supplied to this court wrong particulars of his lower court file which particulars should have been easily derived from his committal warrant, this court is unable to hear and determine this appeal on its merits despite the concerted efforts made.
7. For the above reasons, I find that this appeal is incompetent for want of proper particulars of the lower court file making it impossible to determine the appeal on merit. The appeal is hereby struck out and the file closed.
8. The deputy registrar to notify the appellant through the Prisons authorities. The appellant is at liberty to follow appropriate procedures laid out in the law, to file another appeal with correct particulars, for consideration on its merit.
9. Orders accordingly.
10. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF JUNE, 2022R.E. ABURILIJUDGE