[2019] KEHC 7753 (KLR)
The court determined that it could not proceed to deliver judgment in the appeal because the typed proceedings from the lower court were incomplete and the handwritten record was insufficient for a proper determination. The court therefore ordered that the lower court file be returned for retyping of the proceedings...
Source-derived case information.
- Citation
- [2019] KEHC 7753 (KLR)
- Parties
- Appellant: John Omondi Odhiambo alias Nyakwar Owiro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 31 of 2018
- Procedural Posture
- Criminal Appeal / Order on Deferred Judgment Due to Incomplete Record
- Outcome
- Judgment deferred pending completion of typed proceedings; matter set for mention.
- Judges
- AC Mrima
- Legal Topics
- Appeal Procedure, Incomplete Record, Judgment Deferment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Omondi Odhiambo alias Nyakwar Owiro
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order on Deferred Judgment Due to Incomplete Record
Legal Issues
- 1 Whether the appeal can proceed to judgment in the absence of complete typed proceedings from the lower court.
- 2 What steps should be taken when the record of proceedings is incomplete.
Ratio Decidendi
The court determined that it could not proceed to deliver judgment in the appeal because the typed proceedings from the lower court were incomplete and the handwritten record was insufficient for a proper determination. The court therefore ordered that the lower court file be returned for retyping of the proceedings to ensure a complete and accurate record is available for the appeal. The judgment was deferred until the record is complete, and the matter was set for mention to confirm the status of the record.
Court Disposition
Judgment deferred pending completion of typed proceedings; matter set for mention.
Orders
- The Deputy Registrar shall transmit the lower court file back to Rongo Law Courts for retyping of the proceedings.
- Judgment is deferred to a later date.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL APPEAL NO. 31 OF 2018
JOHN OMONDI ODHIAMBO alias
NYAKWAR OWIRO................................................APPELLANT
-VERSUS-
REPUBLIC...........................................................RESPONDENT
ORDER
1. As I retired to write the judgment in this appeal I realized that the typed proceedings were incomplete as some pages were missing. I attempted to read the handwritten proceedings but that was not very helpful either.
2. Consequently, the Deputy Registrar of this Court shall transmit the lower court file back to Rongo Law Courts for purposes of retyping of the proceedings. To that end, the judgment herein is deferred to a later date. This matter shall however be fixed for a Mention on 30/05/2019 to confirm the status of the record and for further orders.
Orders accordingly.
DELIVERED, DATEDand SIGNED at MIGORI this 09th day of May 2019.
A. C. MRIMA
JUDGE