[2023] KEHC 25761 (KLR)

[2023] KEHC 25761 (KLR)

The court directed that the petition of appeal be served upon the respondent (ODPP), the Deputy Registrar to ensure the original lower court file and certified proceedings are availed, and the appellant to prepare and serve a complete record of appeal. The matter is to be mentioned virtually for directions, ensuring...

Source-derived case information.

Citation
[2023] KEHC 25761 (KLR)
Parties
Appellant: Dominic Mutoro Mutali; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Appeal E014 of 2023
Procedural Posture
Criminal Appeal / Interlocutory Order
Outcome
Interlocutory orders issued to facilitate the hearing of the criminal appeal.
Judges
DR Kavedza
Legal Topics
Criminal Appeal Procedure, Service of Pleadings, Record of Appeal, Mention for Directions
Source Language
en
Criminal Law Criminal Appeal Procedure Service of Pleadings Record of Appeal Mention for Directions

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Summary, issues, holding and outcome

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Parties

Dominic Mutoro Mutali

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 lower court file and certified record of proceedings have been availed to the High Court.
  3. 3 Whether the appellant has prepared and served a complete Record of Appeal.

Ratio Decidendi

The court directed that the petition of appeal be served upon the respondent (ODPP), the Deputy Registrar to ensure the original lower court file and certified proceedings are availed, and the appellant to prepare and serve a complete record of appeal. The matter is to be mentioned virtually for directions, ensuring procedural compliance before substantive hearing of the appeal.

Court Disposition

Interlocutory orders issued to facilitate the hearing of the criminal appeal.

Orders

  • The Petition of Appeal shall forthwith be served upon the ODPP/Respondent.
  • The Deputy Registrar shall ensure that the original lower court file and the certified record of proceedings are submitted to the High Court at the earliest opportunity.