[2010] KEHC 3459 (KLR)
The court found that the letter the appellant sought to introduce as additional evidence did not constitute new evidence, as the issue of the appellant's identity had already been raised in his defence and addressed by the trial magistrate in the lower court's judgment. The court held that there was no pressing...
Source-derived case information.
- Citation
- [2010] KEHC 3459 (KLR)
- Parties
- Appellant: Mohamed Imam; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 315 of 2008
- Procedural Posture
- Criminal Appeal / Ruling on Application to Adduce Additional Evidence on Appeal
- Outcome
- application dismissed
- Judges
- JV Juma
- Legal Topics
- Additional Evidence on Appeal, Identity of Accused, Criminal Procedure, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Imam
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application to Adduce Additional Evidence on Appeal
Legal Issues
- 1 Whether the appellant should be granted leave to adduce additional evidence on appeal.
- 2 Whether the letter dated 11th July 2009 constitutes new evidence not available at trial.
- 3 Whether the issue of the appellant's identity was already addressed by the trial court.
Ratio Decidendi
The court found that the letter the appellant sought to introduce as additional evidence did not constitute new evidence, as the issue of the appellant's identity had already been raised in his defence and addressed by the trial magistrate in the lower court's judgment. The court held that there was no pressing reason to warrant the admission of the letter as further evidence on appeal, as it was available and dealt with at trial. Consequently, the application to adduce additional evidence was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application to adduce additional evidence on appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Criminal Appeal 315 of 2008
MOHAMED IMAM ……………………………….…….. APPELLANT
VERSUS
REPUBLIC ………………………………....……….... RESPONDENT
***********************
RULING
By a Notice of Motion filed before this court on 7th October 2009 the Appellant seeks the leave of the court to adduce as additional evidence during his appeal a letter dated 11th July 2009 from the Office of the Vice President and Ministry of Home Affairs addressed to the officer in charge Shimo la Tewa Prison. The State has opposed this application for further evidence to be adduced at the appeal.
I have perused the letter in question. It appears that the Appellant now wishes to claim that his names are not Mohamed Imam alias Haji Hapendeki as appears in the charge sheet. He now claims that his names are MOHAMED ALI SALIM. I note that this matter was raised by the accused in his defence before the lower court and was substantially addressed by the learned trial magistrate in her judgement. As such no purpose is served by re-opening the matter upon appeal. I find no pressing reason to warrant the new evidence to be adduced in appeal as the letter does not amount to new evidence. It was available to and was dealt with by the trial court. As such I find the present application has no merit and I dismiss the same in its entirety.
Dated and Delivered at Mombasa this 12th day of February 2010.
M. ODERO
JUDGE
Read in open court in the presence of:
Appellant in person
Mr. Onserio for State
M. ODERO
JUDGE
12/2/2010