[2023] KEHC 19260 (KLR)
The court found it necessary to facilitate the expeditious hearing of the criminal appeal by directing the lower court file to be typed on a priority basis, requiring a certified record to be provided to the High Court within a set deadline, and instructing the appellant to prepare and serve the record of appeal...
Source-derived case information.
- Citation
- [2023] KEHC 19260 (KLR)
- Parties
- Appellant: Arektum Kibet Benjamin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E114 of 2021
- Procedural Posture
- Criminal Appeal / Interlocutory Order on Case Management
- Outcome
- Interlocutory case management orders issued to expedite appeal process.
- Judges
- DR Kavedza
- Legal Topics
- Appeal Record Preparation, Case Management, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arektum Kibet Benjamin
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Order on Case Management
Legal Issues
- 1 Whether the lower court file should be prioritized for typing to facilitate the appeal process.
- 2 Whether a certified record should be provided to the High Court within a specified timeframe.
- 3 Whether the appellant should be directed to prepare and serve the record of appeal promptly.
Ratio Decidendi
The court found it necessary to facilitate the expeditious hearing of the criminal appeal by directing the lower court file to be typed on a priority basis, requiring a certified record to be provided to the High Court within a set deadline, and instructing the appellant to prepare and serve the record of appeal promptly. The court also scheduled a mention date for further directions, ensuring effective case management and compliance with procedural requirements.
Court Disposition
Interlocutory case management orders issued to expedite appeal process.
Orders
- The lower court file to be typed on priority basis within 30 days.
- A certified record thereof be provided to the High Court on or before July 28, 2023 without fail.
Full Case Text
Judgment text and source record
17 paragraphs
Benjamin v Republic (Criminal Appeal E114 of 2021) [2023] KEHC 19260 (KLR) (Crim) (30 June 2023) (Order)
Neutral citation: [2023] KEHC 19260 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal E114 of 2021
DR Kavedza, J
June 30, 2023
Between
Arektum Kibet Benjamin
Applicant
and
Republic
Respondent
Order
1. I have gone through the letter dated June 27, 2023 from the firm of Edward Asitiba & Associates Advocates addressed to the Deputy Registrar (DR) requesting for an early date, and issue orders as follows:.a.That the lower court file to be typed on priority basis within 30 days.b.A certified record thereof be provided to the High Court on or before July 28, 2023 without fail.c.That the appellant shall prepare a complete record of appeal and serve the respondents at the earliest time possible upon receipt of the proceedings.d.That this matter shall be mentioned before Hon. Justice Kimondo on September 18, 2023 for directions.
DATED THIS 30TH DAY OF JUNE 2023. __________________D. KAVEDZAJUDGE