[2023] KEHC 20609 (KLR)
The High Court declined to write or deliver a judgment in the criminal appeal because the original handwritten trial court records, the charge sheet, and the trial court's judgment were not available. The court found that the record was incomplete and that a judgment could not be written in the absence of these...
Source-derived case information.
- Citation
- [2023] KEHC 20609 (KLR)
- Parties
- Appellant: Leonard Kiprop Maiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 69 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Readiness for Judgment
- Outcome
- Judgment deferred due to incomplete record.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record, Incomplete Trial Record, Judgment Writing, Court Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Kiprop Maiyo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Readiness for Judgment
Legal Issues
- 1 Whether the High Court can proceed to write a judgment in the absence of the original handwritten trial court records, charge sheet, and trial court judgment.
- 2 Whether prior court orders to avail the complete record have been complied with.
Ratio Decidendi
The High Court declined to write or deliver a judgment in the criminal appeal because the original handwritten trial court records, the charge sheet, and the trial court's judgment were not available. The court found that the record was incomplete and that a judgment could not be written in the absence of these essential documents. The court noted that a previous order by Njagi J, directing the Deputy Registrar to call for the records, had not been complied with. The court therefore directed the Deputy Registrar to take the necessary steps to obtain the complete record and to place the file before the appropriate judge for judgment-writing once the record is complete.
Court Disposition
Judgment deferred due to incomplete record.
Orders
- The Deputy Registrar is directed to obtain the original handwritten trial court records, the charge sheet, and the trial court's judgment.
- The file is to be placed before the appropriate judge for judgment-writing once the record is complete.
Full Case Text
Judgment text and source record
20 paragraphs
Maiyo v Republic (Criminal Appeal 69 of 2019) [2023] KEHC 20609 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20609 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Appeal 69 of 2019
WM Musyoka, J
July 21, 2023
Between
Leonard Kiprop Maiyo
Appellant
and
Republic
Respondent
(Appeal from conviction and sentence by Hon. CC Kipkorir, Senior Resident Magistrate, SRM, in Mumias SPMCRC No. 433 of 2018, of 6th June 2019)
Ruling
1. I am unable to write the judgment herein for the record is not complete, as the original handwritten trial court records have never been availed, and the available record of typed proceedings does not have a copy of the charge sheet and the judgment of the trial court.
2. The matter is not mature for judgment-writing.
3. It is regrettable that the order by Njagi J, of February 19, 2020, directing the Deputy Registrar to call for these records has never been complied with.
4. Let the Deputy Registrar do the needful, and thereafter place the file before my successors at Kakamega, for judgment-writing.
JUDGMENT DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS……………21ST…….……….…….DAY OF ……………………JULY….…………………... 2023W MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMs. Kagai, instructed by the Director of Public Prosecutions, for the respondent.