[2023] KEHC 26517 (KLR)

[2023] KEHC 26517 (KLR)

The court directed that the petition of appeal be served upon the respondent and that the original lower court file and certified record of proceedings be availed to the High Court. The appellant is also required to serve the complete record of appeal as soon as practicable. These procedural steps are necessary to...

Source-derived case information.

Citation
[2023] KEHC 26517 (KLR)
Parties
Appellant: Edison Tangi Nyambane; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Appeal E019 of 2023
Procedural Posture
Criminal Appeal / Interlocutory Order; Directions Before Hearing
Outcome
Interlocutory orders issued for service and mention; no final determination on the appeal.
Judges
DR Kavedza
Legal Topics
Criminal Appeal Procedure, Service of Pleadings, Court Records Management
Source Language
en
Criminal Law Criminal Appeal Procedure Service of Pleadings Court Records Management

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Parties

Edison Tangi Nyambane

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Order; Directions Before Hearing

Legal Issues

  1. 1 Whether the petition of appeal has been properly served on the respondent.
  2. 2 Whether the original lower court file and certified record of proceedings have been availed to the High Court.
  3. 3 Whether the appellant has served the complete record of appeal.

Ratio Decidendi

The court directed that the petition of appeal be served upon the respondent and that the original lower court file and certified record of proceedings be availed to the High Court. The appellant is also required to serve the complete record of appeal as soon as practicable. These procedural steps are necessary to facilitate the fair and expeditious hearing of the criminal appeal. The matter is set for mention for directions, ensuring all parties are properly notified and the record is complete before substantive hearing.

Court Disposition

Interlocutory orders issued for service and mention; no final determination on the appeal.

Orders

  • The petition of appeal shall forthwith be served upon the respondent/ODPP.
  • The deputy registrar shall ensure the original lower court file and certified record of proceedings are availed to the High Court at the earliest opportunity.