[2025] KEHC 315 (KLR)
The High Court determined that it could not proceed to hear and determine the appeal because the certified typed proceedings were ambiguous, unintelligible, and contained errors that rendered them unreliable as a basis for appellate review. The court found that the certifying officer failed in their duty to ensure...
Source-derived case information.
- Citation
- [2025] KEHC 315 (KLR)
- Parties
- Appellant: Francis Njuguna; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 87 of 2018
- Procedural Posture
- Criminal Appeal / Directions Prior to Judgment; Proceedings Remitted for Proper Certification
- Outcome
- Appeal adjourned; proceedings remitted for proper certification and correction.
- Judges
- AK Ndung'u
- Legal Topics
- Appeals Procedure, Record of Proceedings, Certification of Records
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Njuguna
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Directions Prior to Judgment; Proceedings Remitted for Proper Certification
Legal Issues
- 1 Whether the certified typed proceedings are sufficiently intelligible to allow the High Court to exercise its appellate jurisdiction.
- 2 What is the appropriate course of action where the appellate record is ambiguous or unintelligible.
Ratio Decidendi
The High Court determined that it could not proceed to hear and determine the appeal because the certified typed proceedings were ambiguous, unintelligible, and contained errors that rendered them unreliable as a basis for appellate review. The court found that the certifying officer failed in their duty to ensure the accuracy and intelligibility of the record, and that justice required the original and typed proceedings to be placed before the trial magistrate for proper certification and correction. Proceeding on the basis of the current record would amount to a travesty of justice. The court directed that the corrected and certified proceedings be filed within 21 days to enable the...
Court Disposition
Appeal adjourned; proceedings remitted for proper certification and correction.
Orders
- The Deputy Registrar shall place the original and typed proceedings before the trial magistrate for certification and correction of all errors, including those identified in the excerpt and throughout the record and judgment.
- The certified proceedings shall be filed within 21 days and served on the parties, who may file further or supplementary submissions as necessary.
Full Case Text
Judgment text and source record
27 paragraphs
Njuguna v Republic (Criminal Appeal 87 of 2018) [2025] KEHC 315 (KLR) (16 January 2025) (Directions)
Neutral citation: [2025] KEHC 315 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Criminal Appeal 87 of 2018
AK Ndung'u, J
January 16, 2025
Between
Francis Njuguna
Appellant
and
Republic
Respondent
(From original Conviction and Sentence in Nanyuki CM Sexual Offences Case No 21 of 2016– L. Mutai, CM)
Directions
1. In the course of writing judgement in this appeal, it has come to my attention that the certified typed proceedings provided herein have glaring ambiguities, faults/shortcomings that are a clear impediment to this court’s exercise of its duty as a first appellate court. There are instances where the proceedings are unintelligible and the combination of words used at some instances give no meaning in the English language. I have noted at least one incomplete sentence.
2. An excerpt picked from page 21 of the certified proceedings is a clear example of the untenable state of the proceedings. The trial court recorded as follows;“Court to witness in Kiswahili:I am Nicole Chebet. I am aged 6 years. Mum is outside the court. My school is……......primary school and my teacher is Carol. I go to Sunday school during the church day. I do not know the meaning of the bible. I know I am in a court of law. I do not know what goes on.Court:Upon hearing the child-subject I am satisfied that she under named (sic) of sufficient knowledge to understand the meaning of oath. To that fine unsworn evidence.PW1 Minor sworn states in Kiswahili”
3. I have perused the handwritten record and I am unable to decipher the handwriting in order to verify what the court recorded and meant.
4. The record shows that the proceedings of the trial court were certified on 3/11/23 long after the trial magistrate (L. Mutai, CM) had left Nanyuki Law Courts station.
5. Having perused the handwritten proceedings, it is obvious that the trial magistrate’s handwriting is not an easy one to decipher. It is probable that the typist who prepared the proceedings faced this challenge leading to the obtaining state of affairs.
6. While I cannot tell from the signature the officer who certified the proceedings, it is obvious that there was a serious dereliction of duty on the part of the certifying officer in failing to ensure that what was certified as the true copy proceedings was intelligible. Where in doubt, no effort ought to have been spared including sending the file to the trial magistrate for certification.
7. Trial magistrates and all officers of court must be reminded that a record of proceedings is not just a fleeting narrative but a foundation stone upon which justice is served, first at trial, and further, on subsequent appeals. The same must be held as sacrosanct and any responsibility to prepare proceedings must be executed with utmost diligence and circumspection. Anything contrary to this is a recipe for injustice and embarrassing outcomes in trials and in appeals.
8. In the prevailing circumstances, proceeding with this appeal on the basis of proceedings provided would amount to a travesty of justice on the parties.
9. So, which way the appeal? It is not possible to do justice in the matter without clear proceedings which the court understands. The direction that commends itself is that the Deputy registrar of this court places the original and typed proceedings before the trial magistrate who shall make the necessary certification that the proceedings as typed are a true reflection of the proceedings taken in court. This, to include correction of all typographical errors in the picked out excerpt, the entire proceedings and the judgement.
10. The inconvenience visited on the parties, and particularly the Appellant, who will have to wait a little longer to get the outcome of his appeal is highly regretted. To expedite the appeal, such certified proceedings be filed within 21 days hereof and served by the Deputy registrar on the parties who shall be at liberty to file such further and/or supplementary submissions as they may deem necessary.
11. This ruling/order be served on the Deputy Registrar of this court who shall serve a copy of the same in addition to the original and typed proceedings on Hon. L. Mutai, CM, for compliance.
DATED SIGNED AND DELIVERED VIRTUALLY THIS 16THDAY OF JANUARY 2025. A.K. NDUNG’UJUDGE