[2019] KEHC 12116 (KLR)
The court found that since the application to adduce additional evidence was unopposed and the evidence sought to be introduced was relevant to the determination of the appeal, it was appropriate to allow the application. The court also noted that it had called for the original trial court file, which would serve as...
Source-derived case information.
- Citation
- [2019] KEHC 12116 (KLR)
- Parties
- Appellant: Gerishon Okudo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 87 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Application to Adduce Additional Evidence
- Outcome
- application allowed
- Legal Topics
- Adducing Additional Evidence, Appeal Procedure, Remand Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerishon Okudo Otieno
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application to Adduce Additional Evidence
Legal Issues
- 1 Whether the appellant should be allowed to adduce additional evidence on appeal.
- 2 Whether the proceedings in Makadara Criminal Case No. 6270 of 2012 are relevant to the instant appeal.
Ratio Decidendi
The court found that since the application to adduce additional evidence was unopposed and the evidence sought to be introduced was relevant to the determination of the appeal, it was appropriate to allow the application. The court also noted that it had called for the original trial court file, which would serve as a reference point for the appeal. Accordingly, the application was allowed.
Court Disposition
application allowed
Orders
- The appellant is allowed to adduce additional evidence, specifically the proceedings in Makadara Criminal Case No. 6270 of 2012.
- The original trial court file is to be used as a reference point for determination in the appeal.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPEAL NO. 87 OF 2018
GERISHON OKUDO OTIENO.....................APPELLANT
VERSUS
REPUBLIC...................................................RESPONDENT
RULING
1. Notice of Motion dated 3/3/2019 by the Appellant sought to be allowed to adduce additional evidence, the same being proceedings in Makadara Criminal Case No. 6270 of 2012 Abdul Rahim Irungu & Gerishon Otieno in which he was one of the accused persons. The proceedings are intended to demonstrate that he was in remand custody at the time he was charged with the offence that is subject of the instant appeal.
2. The application was not opposed by the Respondent. This court called for the original trial court file which will constitute a reference point for determination in the appeal. Accordingly, there being no opposition to the application, the same is allowed.
Dated and Delivered at Nairobi This 5th November, 2019.
G.W.NGENYE-MACHARIA
JUDGE.
In the presence of;
1. Oronga h/b for Biko for the Appellant
2. Mr. Momanyi for the for the Respondent