[2019] KEHC 5467 (KLR)
The court found that it was unable to proceed with the preparation of the judgment in the criminal appeal because pages 14 and 15 of the typed proceedings were missing from the record of appeal. The absence of a complete record is a procedural defect that must be rectified before the appeal can be determined. The...
Source-derived case information.
- Citation
- [2019] KEHC 5467 (KLR)
- Parties
- Appellant: Jacob Omondi Ondiek; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 55 of 2018
- Procedural Posture
- Criminal Appeal / Interlocutory Ruling on Completeness of Record
- Outcome
- Interlocutory orders issued; appeal not determined on merits.
- Judges
- DN Musyoka
- Legal Topics
- Criminal Appeal Procedure, Record of Appeal, Incomplete Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jacob Omondi Ondiek
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Completeness of Record
Legal Issues
- 1 Whether the appeal can proceed in the absence of a complete record of appeal.
- 2 What steps should be taken to remedy the incomplete record.
Ratio Decidendi
The court found that it was unable to proceed with the preparation of the judgment in the criminal appeal because pages 14 and 15 of the typed proceedings were missing from the record of appeal. The absence of a complete record is a procedural defect that must be rectified before the appeal can be determined. The court therefore directed the appellant to file a complete record and scheduled the matter for mention to confirm compliance and to fix a date for judgment.
Court Disposition
Interlocutory orders issued; appeal not determined on merits.
Orders
- The appellant to file a complete record of appeal.
- Matter to be given a mention date to confirm compliance and to fix date for judgment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL APPEAL NO. 55 OF 2018
(From Original Conviction and Sentence in Criminal Case No. 575 of 2016
by the Senior Principal Magistrate’s Court at Vihiga)
JACOB OMONDI ONDIEK...........................................APPELLANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
RULING
1. The record of appeal is incomplete. Pages 14 and 15 of the typed proceedings are missing. I am unable to complete preparation of the judgment.
2. The appellant to file a complete record.
3. Matter to be given a mention date to confirm compliance and to fix date for judgement.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 26th DAY OF July 2019
W MUSYOKA
JUDGE