[2020] KEHC 9113 (KLR)
The court found that it could not do justice to the matter or determine the appeal based on the typed proceedings, as they were incoherent and the handwritten record was unreadable. The integrity and clarity of the trial record are essential for a fair appellate process. The court therefore directed that the...
Source-derived case information.
- Citation
- [2020] KEHC 9113 (KLR)
- Parties
- Appellant: Ernest Twabalaba Songoro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 173 of 2018
- Procedural Posture
- Criminal Appeal / Interlocutory Ruling on Record Clarity Before Judgment
- Outcome
- Further directions deferred pending clarification of the trial record.
- Judges
- DN Musyoka
- Legal Topics
- Appeal Procedure, Record of Proceedings, Trial Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ernest Twabalaba Songoro
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Record Clarity Before Judgment
Legal Issues
- 1 Whether the appellate court can proceed to determine the appeal based on an unclear or incoherent record of proceedings from the trial court.
- 2 What steps should be taken when the record of proceedings is illegible or nonsensical.
Ratio Decidendi
The court found that it could not do justice to the matter or determine the appeal based on the typed proceedings, as they were incoherent and the handwritten record was unreadable. The integrity and clarity of the trial record are essential for a fair appellate process. The court therefore directed that the transcript be proofread by someone familiar with the trial magistrate's handwriting to produce an accurate record, postponing further directions until this is done.
Court Disposition
Further directions deferred pending clarification of the trial record.
Orders
- The Deputy Registrar is directed to have the transcript proofread by a person familiar with Hon. FM Nyakundi, RM's handwriting to obtain an accurate record.
- The matter shall be mentioned after one month for further directions.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL APPEAL NO. 173 OF 2018
(From Original Conviction and Sentence in Mumias Senior Principal Magistrate’s Court
Criminal Case No. 783 of 2016 (Hon. FM Nyakundi, RM) of 9th November 2018)
ERNEST TWABALABA SONGORO...................................................APPELLANT
VERSUS
REPUBLIC...........................................................................................RESPONDENT
RULING
1. In the course of preparing the judgment herein I have struggled to make sense of the proceedings that were conducted by the trial court with little success. I am unable to read the handwritten record, yet the typed record makes no sense at all.
2. I doubt that I would do justice to the matter were I to determine it with the typed proceedings in that condition.
3. I shall accordingly direct the Deputy Registrar to cause the typescript/transcript to be proofread again by a person familiar with the handwriting of Hon. FM Nyakundi, RM, so that we can get a more accurate record of what transpired at the trial court.
4. The matter shall be mentioned after one month for further directions.
5. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 17th DAY OF January, 2020
W MUSYOKA
JUDGE