[2019] KEHC 1227 (KLR)
The court found that it could not proceed to prepare or deliver judgment in the criminal appeal because the record of appeal was incomplete and the charge sheet attached did not relate to the proceedings under appeal. The absence of the correct and complete record precludes the court from doing justice in the...
Source-derived case information.
- Citation
- [2019] KEHC 1227 (KLR)
- Parties
- Appellant: Habil Onyimbo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 4 of 2018
- Procedural Posture
- Criminal Appeal / Preparation of Judgment; Incomplete Record
- Outcome
- Judgment deferred pending filing of proper record of appeal.
- Judges
- DN Musyoka
- Legal Topics
- Criminal Appeal Procedure, Record of Appeal, Judicial Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Habil Onyimbo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Preparation of Judgment; Incomplete Record
Legal Issues
- 1 Whether the court can proceed to prepare and deliver judgment where the record of appeal is incomplete.
- 2 Whether the charge sheet attached to the record corresponds to the proceedings under appeal.
Ratio Decidendi
The court found that it could not proceed to prepare or deliver judgment in the criminal appeal because the record of appeal was incomplete and the charge sheet attached did not relate to the proceedings under appeal. The absence of the correct and complete record precludes the court from doing justice in the matter. Therefore, the court directed the Deputy Registrar to ensure the proper record is filed before the judgment can be completed.
Court Disposition
Judgment deferred pending filing of proper record of appeal.
Orders
- Deputy Registrar is directed to cause the proper record to be filed so that the court can complete preparation of the judgment.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL APPEAL NO. 4 OF 2018
(From Original Conviction and Sentence in Butere Principal Magistrate’s Court Criminal Case No. 39 of 2015 (Hon. M.I. Shimenga, RM) of 22nd November 2017)
HABIL ONYIMBO..................................APPELLANT
VERSUS
REPUBLIC............................................RESPONDENT
RULING
1. I am unable to complete preparation of the judgment herein as the record of appeal placed before me is incomplete.
2. The charge sheet attached to the record is not related to the proceedings the subject of this appeal, that is to say Butere PMCCRC No. 39 of 2015, Republic vs. Habil Onyimbo, where the child victim was Theresia Inyuma, for the charge sheet presented relates to Butere PMCCRC No. 209 of 2014, Republic vs. Bernard Makacha Litokho, where the child victim was Martha Nabalayo.
3. I cannot possibly do justice in the matter without the proper records.
4. I shall accordingly direct the Deputy Registrar to cause the proper record to be filed so that I can complete preparation of the judgment. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 11TH DAY OF DECEMBER, 2019
W. MUSYOKA
JUDGE