[2022] KEHC 11888 (KLR)
The court determined that, before preparing judgment on the appeal, it was necessary to mention the matter in open court in the presence of the complainant, Medrine Mayende, to address the affidavit of forgiveness she had filed. The court held that this procedural step was appropriate to ensure all relevant facts...
Source-derived case information.
- Citation
- [2022] KEHC 11888 (KLR)
- Parties
- Appellant: Franco Muchika Michera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 118 of 2019
- Procedural Posture
- Criminal Appeal / Interlocutory Ruling Prior to Judgment
- Outcome
- Matter stood over for mention; no final determination on appeal at this stage.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Procedure, Conviction Review, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Franco Muchika Michera
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Ruling Prior to Judgment
Legal Issues
- 1 Whether the complainant's affidavit of forgiveness affects the pending appeal against conviction and sentence.
- 2 Whether the matter should be mentioned in the presence of the complainant before judgment is prepared.
Ratio Decidendi
The court determined that, before preparing judgment on the appeal, it was necessary to mention the matter in open court in the presence of the complainant, Medrine Mayende, to address the affidavit of forgiveness she had filed. The court held that this procedural step was appropriate to ensure all relevant facts and positions were clarified on record, particularly as the complainant's affidavit could have a bearing on the outcome of the appeal or the exercise of discretion in sentencing. The court also directed that the matter be mentioned together with another related appeal by the same appellant, arising from a conviction for assault on the same complainant but on a different date, to...
Court Disposition
Matter stood over for mention; no final determination on appeal at this stage.
Orders
- The matter shall be mentioned in the presence of the complainant, Medrine Mayende, before judgment is prepared.
- The matter shall be mentioned together with Kakamega HCCCRA No. 37 of 2019, a related appeal by the appellant.
Full Case Text
Judgment text and source record
19 paragraphs
Michera v Republic (Criminal Appeal 118 of 2019) [2022] KEHC 11888 (KLR) (10 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11888 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Appeal 118 of 2019
WM Musyoka, J
June 10, 2022
Between
Franco Muchika Michera
Appellant
and
Republic
Respondent
(Appeal from conviction and sentence by Hon. MI Shimenga, Resident Magistrate, in Butere PMCCRC No. 356 of 2018, of 14th October 2019)
Ruling
1. I note from the record that there is an affidavit on record by the complainant PW1, in which she expresses to have forgiven the appellant. The affidavit was sworn on 4th June 2020 and filed herein on even date.
2. Before I prepare my judgment on the appeal, I shall have the matter mentioned, in the presence of the complainant, Medrine Mayende, so that the issue can be disposed of.
3. The matter shall be mentioned together with Kakamega HCCCRA No. 37 of 2019, which is also an appeal by the appellant arising from a conviction with respect to assault on the complainant on a different date. I shall allocate a date for the said mention at the delivery of this ruling.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF JUNE 2022W MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Mr. Khayumbi, instructed by JI Khayumbi & Company, Advocates for the appellant.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.