[2023] KEHC 26317 (KLR)

[2023] KEHC 26317 (KLR)

The court directed that the petition of appeal be served upon the respondent and that the original lower court file and certified record of proceedings be availed to the High Court promptly. The appellant is to serve the complete record of appeal as soon as practicable. These directions are necessary to ensure...

Source-derived case information.

Citation
[2023] KEHC 26317 (KLR)
Parties
Appellant: Omar Mohamed Hamisi; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Appeal E018 of 2023
Procedural Posture
Criminal Appeal / Interlocutory Order
Outcome
directions issued for service and mention
Judges
DR Kavedza
Legal Topics
Criminal Appeal Procedure, Service of Pleadings, Case Management
Source Language
en
Criminal Law Criminal Appeal Procedure Service of Pleadings Case Management

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Parties

Omar Mohamed Hamisi

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Order

Legal Issues

  1. 1 Whether the petition of appeal has been properly served upon the respondent.
  2. 2 Whether the original lower court file and certified record of proceedings have been availed to the High Court.
  3. 3 Whether the appellant has served the complete record of appeal.

Ratio Decidendi

The court directed that the petition of appeal be served upon the respondent and that the original lower court file and certified record of proceedings be availed to the High Court promptly. The appellant is to serve the complete record of appeal as soon as practicable. These directions are necessary to ensure procedural compliance and facilitate the efficient management of the criminal appeal.

Court Disposition

directions issued for service and mention

Orders

  • The petition of appeal shall forthwith be served upon the respondent/ODPP.
  • The deputy registrar shall ensure the original lower court file and certified record of proceedings are availed to the High Court at the earliest opportunity.