[2023] KEHC 25547 (KLR)

[2023] KEHC 25547 (KLR)

The court directed that the petition of appeal be served on the respondent, the original lower court file and certified proceedings be availed to the High Court, and the appellant prepare and serve a complete record of appeal. These procedural steps are necessary to ensure that the appeal is properly before the...

Source-derived case information.

Citation
[2023] KEHC 25547 (KLR)
Parties
Appellant: Yannick Kamate Mutshipay; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Appeal 23 of 2023
Procedural Posture
Criminal Appeal / Pre Hearing Directions
Outcome
Directions issued for service, filing, and mention of the 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

Yannick Kamate Mutshipay

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Pre Hearing Directions

Legal Issues

  1. 1 Whether the procedural requirements for service and preparation of the record of appeal have been met in the criminal appeal.
  2. 2 What directions should be given to facilitate the expeditious hearing of the appeal.

Ratio Decidendi

The court directed that the petition of appeal be served on the respondent, the original lower court file and certified proceedings be availed to the High Court, and the appellant prepare and serve a complete record of appeal. These procedural steps are necessary to ensure that the appeal is properly before the court and can be managed efficiently. The court further set a mention date for directions, emphasizing the need for compliance with procedural requirements to facilitate the just and expeditious determination of the appeal.

Court Disposition

Directions issued for service, filing, and mention of the 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.