[2025] KEHC 4341 (KLR)
The court determined that it would be improper to proceed to judgment without affording the appellant an opportunity to file written submissions. The right to be heard is fundamental, and the court must ensure that all parties are given a fair chance to present their case. Accordingly, the court refrained from...
Source-derived case information.
- Citation
- [2025] KEHC 4341 (KLR)
- Parties
- Appellant: William Ekisa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E016 of 2023
- Procedural Posture
- Criminal Appeal / Pre Judgment; Awaiting Appellant's Written Submissions
- Outcome
- Judgment deferred to allow appellant to file written submissions.
- Judges
- WM Musyoka
- Legal Topics
- Criminal Appeal Procedure, Written Submissions, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Ekisa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Pre Judgment; Awaiting Appellant's Written Submissions
Legal Issues
- 1 Whether the appellant should be allowed additional time to file written submissions before judgment is rendered.
Ratio Decidendi
The court determined that it would be improper to proceed to judgment without affording the appellant an opportunity to file written submissions. The right to be heard is fundamental, and the court must ensure that all parties are given a fair chance to present their case. Accordingly, the court refrained from writing the judgment and set a mention date to allow the appellant to file his submissions.
Court Disposition
Judgment deferred to allow appellant to file written submissions.
Orders
- The appellant is granted time to file written submissions.
- The matter shall be mentioned on 24th April 2025.
Full Case Text
Judgment text and source record
19 paragraphs
Ekisa v Republic (Criminal Appeal E016 of 2023) [2025] KEHC 4341 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4341 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Appeal E016 of 2023
WM Musyoka, J
April 4, 2025
Between
William Ekisa
Appellant
and
Republic
Respondent
(Appeal from conviction and sentence by Hon. EA Nyaloti, Chief Magistrate, CM, in Busia CMCCRC No. 164 of 2019, of 17th July 2023)
Ruling
1. As I settled to prepare judgement on this matter, I noted that the appellant has not yet filed his written submissions.
2. I refrain from writing the judgement, to enable him to file written submissions, to argue his case.
3. The matter shall be mentioned on 24th April 2025.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 4TH DAY OF APRIL 2025. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. William Ekisa, the appellant, in person.AdvocatesMr. Onanda, instructed by the Director of Public Prosecutions, for the respondent.