[2023] KEHC 27050 (KLR)
The appeal was dismissed because the only trial record availed related to a different individual, Pontian Richard, and not the appellant, Richard Paul Chanzi. There was no evidence or submission establishing any connection between the two individuals. The court cannot determine an appeal where the record does not...
Source-derived case information.
- Citation
- [2023] KEHC 27050 (KLR)
- Parties
- Appellant: Richard Paul Chanzi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E006 of 2023
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- WM Musyoka
- Legal Topics
- Appeal Procedure, Identity of Parties, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Paul Chanzi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal was properly before the court given the discrepancy in the identity of the appellant and the person named in the trial court record.
- 2 Whether the court could determine an appeal where the trial record did not relate to the appellant.
Ratio Decidendi
The appeal was dismissed because the only trial record availed related to a different individual, Pontian Richard, and not the appellant, Richard Paul Chanzi. There was no evidence or submission establishing any connection between the two individuals. The court cannot determine an appeal where the record does not relate to the appellant, as legal proceedings require certainty as to the identity of the parties. Proceeding otherwise would be speculative and contrary to established legal principles.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed as misconceived and incurably defective.
Full Case Text
Judgment text and source record
21 paragraphs
Chanzi v Republic (Criminal Appeal E006 of 2023) [2023] KEHC 27050 (KLR) (20 December 2023) (Judgment)
Neutral citation: [2023] KEHC 27050 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Appeal E006 of 2023
WM Musyoka, J
December 20, 2023
Between
Richard Paul Chanzi
Appellant
and
Republic
Respondent
(Appeal from conviction and sentence by Hon. Mrs. Lucy Ambasi, Chief Magistrate, CM, in Busia CMCCRC No. 122 of 2022, of 13th December 2022)
Judgment
1. The appeal herein was lodged by Richard Paul Chanzi, through his Advocates, Balongo & Company. The memorandum of appeal, dated January 19, 2023, it should have been a petition of appeal, indicates that the appeal arises from a conviction and sentence in Busia CMCSO No. 122 of 2022, relating to proceedings conducted on December 13, 2022.
2. Trial records in Busia CMCSO No. E122 of 2022 were availed. I have perused them. They relate to a person known as Pontian Richard, and not Richard Paul Chanzi. I have scrupulously gone through the said record, to confirm whether there is any connection between Pontian Richard and Richard Paul Chanzi, or any reference to Richard Paul Chanzi in those proceedings, and I have found none. There is nothing in there indicating that Richard Paul Chanzi and Pontian Richard are, or were, one and the same person.
3. The discrepancy is so glaring, as the proceedings herein and those in Busia CMCSO No. E122 of 2022 refer to 2 different individuals, that I expected the appellant, through his Advocates, to address it in his submissions. He did not. On the face of it, the 2 proceedings are unrelated. I cannot also tell whether the proceedings in Busia CMCSO No. 122 of 2022, cited in the memorandum of appeal, and Busia CMCSO No. E122 of 2022, the subject of the trial court records made available, refer to the same proceedings.
4. As the proceedings in Busia CMCSO No. E122 of 2022, being the only record that was placed before me, did not relate to the appellant herein, Richard Paul Chanzi, but to Pontian Richard, he, Richard Paul Chanzi, cannot possibly file an appeal against decisions made in proceedings that did not relate to him. In legal proceedings, the court operates from a point of certainty, not speculation or conjecture or assumptions or presumptions, so far as identities of the parties are concerned.
5. Consequently, I find no basis upon which I can determine the appeal herein. The same is misconceived and incurably defective, and I hereby dismiss it.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 20TH DAY OF DECEMBER 2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Jumba, instructed by Balongo & Company, Advocates for the appellant.Ms. Chepkonga, instructed by the Director of Public Prosecutions, for the respondent.