[2016] KEHC 4684 (KLR)
The court determined that it could not proceed to deliver judgment in the appeal because the trial court's proceedings and judgment had not been proof-read and certified. The handwritten record was difficult to peruse, and the typed record was not certified. Therefore, the file must be transmitted to the Deputy...
Source-derived case information.
- Citation
- [2016] KEHC 4684 (KLR)
- Parties
- Appellant: David Wambura Nahashon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 84 of 2015
- Procedural Posture
- Criminal Appeal / Directions Before Judgment
- Outcome
- Judgment deferred; directions issued for certification of record.
- Judges
- AC Mrima
- Legal Topics
- Appeal Procedure, Record Certification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Wambura Nahashon
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Directions Before Judgment
Legal Issues
- 1 Whether the appeal can proceed to judgment without a certified and proof-read record of the trial court.
Ratio Decidendi
The court determined that it could not proceed to deliver judgment in the appeal because the trial court's proceedings and judgment had not been proof-read and certified. The handwritten record was difficult to peruse, and the typed record was not certified. Therefore, the file must be transmitted to the Deputy Registrar for certification before the appeal can proceed to judgment.
Court Disposition
Judgment deferred; directions issued for certification of record.
Orders
- The file shall be transmitted to the Deputy Registrar for proof-reading and certification of the proceedings and judgment of the trial court.
- Mention on 28/06/2016 to ascertain progress and for further orders.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL APPEAL NO. 84 OF 2015
DAVID WAMBURA NAHASHON...........APPELLANT
VERSUS
REPUBLIC .........................................RESPONDENT
DIRECTIONS
1. As this Court retired to write the judgment in this appeal, it realized that the proceedings and judgment of the trial Court though typed had not been proof-read and certified. This Court however attempted to peruse through the handwritten record with a view of proceeding on with the judgment but it was not without some difficulty.
2. Resulting therefrom, the judgment is regrettably not ready and the following directions do hereby issue:
a) This file shall be transmitted to the Deputy Registrar who will undertake the proof-reading and certification of the proceedings and the judgment of the trial court.
b) Mention on 28/06/2016 to ascertain progress and for further orders.
DELIVERED, DATEDandSIGNED at MIGORI this 12TH day of May 2016.
A . C. MRIMA
JUDGE