[2007] KEHC 1484 (KLR)

[2007] KEHC 1484 (KLR)

The court held that although leave had been granted to the appellant to amend the petition of appeal, the appellant did not properly amend the petition as required. Instead of amending by striking out and underlining changes in red ink as per the Civil Procedure Rules (applied by analogy due to the silence of the Criminal Procedure Code), the appellant simply underlined all grounds in red ink, which amounted to introducing new grounds rather than amending the existing ones. Recognizing the criminal nature of the matter and exercising judicial discretion, the court allowed the appellant a further opportunity to properly amend the petition of appeal in accordance with the prescribed manner...

Citation
[2007] KEHC 1484 (KLR)
Parties
Appellant: Mwango Jambo Chilango; Respondent: Republic
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
11 June 2007
Case Number
? 31 of 2006
Procedural Posture
Criminal Appeal / Ruling on Application to Amend Petition of Appeal
Outcome
Application allowed; appellant granted further leave to amend petition of appeal within 14 days.
Judges
CA Ombija
Legal Topics
Amendment of Pleadings, Criminal Appeal Procedure, Application of Civil Rules in Criminal Cases
Source Language
English
Criminal Law Civil Procedure Amendment of Pleadings Criminal Appeal Procedure Application of Civil Rules in Criminal Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mwango Jambo Chilango

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application to Amend Petition of Appeal

Legal Issues

  1. 1 Whether the appellant should be granted leave to amend the petition of appeal filed in person.
  2. 2 Whether the manner in which the appellant attempted to amend the petition of appeal was proper under the law.

Ratio Decidendi

The court held that although leave had been granted to the appellant to amend the petition of appeal, the appellant did not properly amend the petition as required. Instead of amending by striking out and underlining changes in red ink as per the Civil Procedure Rules (applied by analogy due to the silence of the Criminal Procedure Code), the appellant simply underlined all grounds in red ink, which amounted to introducing new grounds rather than amending the existing ones. Recognizing the criminal nature of the matter and exercising judicial discretion, the court allowed the appellant a further opportunity to properly amend the petition of appeal in accordance with the prescribed manner...

Court Disposition

Application allowed; appellant granted further leave to amend petition of appeal within 14 days.

Orders

  • The appellant is granted 14 days to properly amend and file the petition of appeal as directed.
  • The appellant shall pay the requisite filing fees for the amended petition.