[2002] KECA 271 (KLR)
The Court determined that, notwithstanding its earlier order that no further adjournments would be granted, the failure to provide the appellant with the record of appeal as previously ordered constituted sufficient cause to adjourn the hearing. The right to a fair hearing, which includes access to the record of...
Source-derived case information.
- Citation
- [2002] KECA 271 (KLR)
- Parties
- Appellant: Benjamin Ndambu Suku; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 127 of 2001
- Procedural Posture
- Criminal Appeal / Adjournment Order
- Outcome
- Appeal adjourned; hearing stood over to a fresh date.
- Judges
- JE Gicheru
- Legal Topics
- Appeal Procedure, Adjournment, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Ndambu Suku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Adjournment Order
Legal Issues
- 1 Whether the appeal should be adjourned despite a previous order that no further adjournments would be granted.
- 2 Whether the appellant's right to be furnished with the record of appeal has been complied with.
Ratio Decidendi
The Court determined that, notwithstanding its earlier order that no further adjournments would be granted, the failure to provide the appellant with the record of appeal as previously ordered constituted sufficient cause to adjourn the hearing. The right to a fair hearing, which includes access to the record of appeal, outweighed the need for finality in the scheduling of the appeal. The appeal was therefore taken out of the hearing list and stood over to a fresh date to be fixed by the Registry, with a directive that the Deputy Registrar comply forthwith with the previous order to furnish the record of appeal to the appellant.
Court Disposition
Appeal adjourned; hearing stood over to a fresh date.
Orders
- The appeal is taken out of the hearing list and stood over to a fresh date to be fixed by the Registry.
- The order of the Court dated 27th November, 2001 to be complied with forthwith by the Deputy Registrar.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU, SHAH & BOSIRE JJ.A)
CRIMINAL APPEAL NO.127 OF 2001
BETWEEN
BENJAMIN NDAMBU SUKU .................................... APPELLANT
AND
REPUBLIC ............................................................... RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Nairobi (Githinji & Oguk, JJ.)
dated 23rd March, 1994
in
H.C.CR.A. NO.588 OF 1990) ********************
ORDER OF THE COURT
Although the Court in its order dated 15th January, 2002 had made it clear that the adjournment of this appeal which was granted to the appellant then would be the last one, circumstances have emerged which necessitate a further adjournment of the appeal. The appellant has so far not been furnished with a copy of the record of appeal as had been ordered on 27th November, 2001. In the circumstances the appeal is taken out of the hearing list and stood over to a fresh date to be fixed by the Registry. The order of this Court dated 27th November, 2001 to be complied with forthwith by the Deputy Registrar of this Court.
Made at Nairobi this 15th day of October, 2002.
J.E. GICHERU
......................
JUDGE OF APPEAL.
A.B. SHAH
......................
JUDGE OF APPEAL.
S.E.O. BOSIRE
......................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR