[2024] KEHC 12627 (KLR)
The court held that it was unable to write judgment in the appeal due to the incompleteness of the record of appeal, which omitted significant portions of the trial proceedings. The court found that a complete record is essential for the just determination of the appeal and directed the appellant to file a complete...
Source-derived case information.
- Citation
- [2024] KEHC 12627 (KLR)
- Parties
- Appellant: Kenneth Odulwa Lukoba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E033 of 2021
- Procedural Posture
- Criminal Appeal / Interlocutory Ruling on Completeness of Record of Appeal
- Outcome
- The court was unable to proceed with the appeal due to an incomplete record. The appellant is directed to file a complete record of appeal. The matter is set for mention on 18th November 2024.
- Judges
- WM Musyoka
- Legal Topics
- Criminal Appeal Procedure, Record of Appeal, Incomplete Record, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Odulwa Lukoba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Completeness of Record of Appeal
Legal Issues
- 1 Whether the appeal can proceed in the absence of a complete record of appeal.
- 2 Who bears the responsibility to file a complete record of appeal in a criminal appeal.
Ratio Decidendi
The court held that it was unable to write judgment in the appeal due to the incompleteness of the record of appeal, which omitted significant portions of the trial proceedings. The court found that a complete record is essential for the just determination of the appeal and directed the appellant to file a complete record of appeal. The matter was set for mention to confirm compliance.
Court Disposition
The court was unable to proceed with the appeal due to an incomplete record. The appellant is directed to file a complete record of appeal. The matter is set for mention on 18th November 2024.
Orders
- The appellant shall file a complete record of appeal.
- The matter shall be mentioned on 18th November 2024.
Full Case Text
Judgment text and source record
20 paragraphs
Lukoba v Republic (Criminal Appeal E033 of 2021) [2024] KEHC 12627 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12627 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Appeal E033 of 2021
WM Musyoka, J
October 22, 2024
Between
Kenneth Odulwa Lukoba
Appellant
and
Republic
Respondent
(Appeal from conviction and sentence, by Hon. Phoebe Y. Kulecho, Senior Resident Magistrate, SRM, in Busia CMCCRC No. 1697 of 2015, on 18th November 2021)
Ruling
1. I have been unable to write judgment in this appeal.
2. The record of appeal is incomplete. It runs up to 2nd September 2019, and omits the proceedings conducted thereafter, between 7th November 2019 and 28th July 2021, when the prosecution closed, and 9th September 2021, when the defence closed.
3. The appellant to file a complete record of appeal.
4. The matter shall be mentioned on 18th November 2024.
RULING IS DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, THIS 22ND DAY OF OCTOBER 2024. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Osango, instructed by Osango & Company, Advocates for the appellant.Mr. Onanda, instructed by the Director of Public Prosecutions, for the respondent.