[2007] KEHC 1766 (KLR)

[2007] KEHC 1766 (KLR)

The court found that although leave had previously been granted to amend the petition of appeal, the appellant did not properly amend the petition as required. Instead of making clear amendments by striking out deleted words and underlining added words in red ink, the appellant underlined all grounds in red ink,...

Source-derived case information.

Citation
[2007] KEHC 1766 (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
Criminal Appeal 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

Source-derived case record

Summary, issues, holding and outcome

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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 method used by the appellant to amend the petition of appeal was proper under the law.

Ratio Decidendi

The court found that although leave had previously been granted to amend the petition of appeal, the appellant did not properly amend the petition as required. Instead of making clear amendments by striking out deleted words and underlining added words in red ink, the appellant underlined all grounds in red ink, which amounted to introducing new grounds rather than amending the existing petition. The court held that, in the absence of specific provisions in the Criminal Procedure Code regarding the manner of amendment, the Civil Procedure Rules should be applied by analogy. The court exercised its discretion in favour of the appellant, allowing a further opportunity to properly amend the...

Court Disposition

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

Orders

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