[2016] KEHC 1481 (KLR)
The High Court held that it cannot, at the appellate stage, issue directions on family reconciliation as requested by the appellant. The court's jurisdiction at this stage is confined to hearing and determining the appeal. Since leave to appeal out of time had already been granted and the appellant had supplied the...
Source-derived case information.
- Citation
- [2016] KEHC 1481 (KLR)
- Parties
- Appellant: Ibrahim Maraye Dagane; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 58 of 2016
- Procedural Posture
- Criminal Appeal / Ruling on Interlocutory Application; Directions Before Substantive Hearing
- Outcome
- Application for family reconciliation directions declined; appeal fixed for hearing.
- Judges
- GMA Dulu
- Legal Topics
- Appeal Out of Time, Appellate Jurisdiction, Family Reconciliation Requests
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Maraye Dagane
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Interlocutory Application; Directions Before Substantive Hearing
Legal Issues
- 1 Whether the High Court can issue directions on family reconciliation at the appellate stage in a criminal appeal.
- 2 Whether the appeal should be fixed for substantive hearing after leave to appeal out of time has been granted.
Ratio Decidendi
The High Court held that it cannot, at the appellate stage, issue directions on family reconciliation as requested by the appellant. The court's jurisdiction at this stage is confined to hearing and determining the appeal. Since leave to appeal out of time had already been granted and the appellant had supplied the necessary trial court proceedings, the appropriate step was to fix the appeal for substantive hearing and to order the production of the original trial court file. The court emphasized that any requests for family reconciliation fall outside its mandate in the context of a criminal appeal.
Court Disposition
Application for family reconciliation directions declined; appeal fixed for hearing.
Orders
- The appeal is fixed for substantive hearing.
- The original trial court file to be produced for the hearing of the appeal.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL APPEAL NO. 58 OF 2016
(From original conviction and sentence in Criminal Case No. 30 of 2008 of the Chief Magistrate’s Court at Garissa – D.A Orimba – SRM).
IBRAHIM MARAYE DAGANE ………………………… APPELLANT
V E R S U S
REPUBLIC ……………………………………………RESPONDENT
RULING
In this matter wherein the appellant has filed an appeal as well as an application under Article 159(2) and 50(1), and 165(3) of the Constitution, and in which leave to appeal out of time has already been granted, my view is that in the best interests of justice, the appeal be fixed for substantial hearing. In my view, this court cannot at an appellate stage give directions on family reconciliation as requested by the appellant in the application above.
I will thus proceed to fix a hearing date for the appeal and order that the original trial court file be produced for the hearing of the appeal, as the appellant has already supplied a typed copy of the trial court proceedings for this 2008 Criminal case.
Dated and delivered at Garissa this 10th day of November 2016.
GEORGE DULU
JUDGE