[2023] KEHC 26988 (KLR)

[2023] KEHC 26988 (KLR)

The court issued procedural orders to ensure the proper service of the petition of appeal on the respondent, the timely availing of the original lower court file and certified record of proceedings to the High Court, and the service of the complete record of appeal by the appellant. These steps are necessary to...

Source-derived case information.

Citation
[2023] KEHC 26988 (KLR)
Parties
Appellant: Michael Mandela Munyao; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Appeal E022 of 2023
Procedural Posture
Criminal Appeal / Interlocutory Order
Outcome
interlocutory orders issued; matter set for mention for directions
Judges
DR Kavedza
Legal Topics
Criminal Appeal Procedure, Service of Appeal, Court Records Management
Source Language
en
Criminal Law Criminal Appeal Procedure Service of Appeal Court Records Management

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Parties

Michael Mandela Munyao

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Order

Legal Issues

  1. 1 Whether the petition of appeal has been properly served upon the respondent.
  2. 2 Whether the original lower court file and certified record of proceedings have been availed to the High Court.
  3. 3 Whether the appellant has served the complete record of appeal.

Ratio Decidendi

The court issued procedural orders to ensure the proper service of the petition of appeal on the respondent, the timely availing of the original lower court file and certified record of proceedings to the High Court, and the service of the complete record of appeal by the appellant. These steps are necessary to facilitate the fair and efficient determination of the criminal appeal.

Court Disposition

interlocutory orders issued; matter set for mention for directions

Orders

  • The petition of appeal shall forthwith be served upon the respondent/ODPP.
  • The deputy registrar shall ensure the original lower court file and certified record of proceedings are availed to the High Court at the earliest opportunity.