[2025] KEHC 7764 (KLR)
The court determined that proceeding to judgment without the appellant's amended grounds of appeal and submissions would be unjust and contrary to the right to a fair hearing. The absence of these documents from both the physical file and the Case Tracking System means the appellant has not been afforded a full...
Source-derived case information.
- Citation
- [2025] KEHC 7764 (KLR)
- Parties
- Appellant: Aisack Mwangi Nzioka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E062 of 2024
- Procedural Posture
- Criminal Appeal / Directions Before Judgment
- Outcome
- Judgment deferred to allow appellant to file missing pleadings and submissions.
- Judges
- RC Rutto
- Legal Topics
- Appeal Procedure, Missing Pleadings, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aisack Mwangi Nzioka
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Directions Before Judgment
Legal Issues
- 1 Whether the court can proceed to judgment in the absence of the appellant's amended grounds of appeal and submissions.
- 2 Whether deferring judgment is necessary to ensure the appellant's right to a fair hearing.
Ratio Decidendi
The court determined that proceeding to judgment without the appellant's amended grounds of appeal and submissions would be unjust and contrary to the right to a fair hearing. The absence of these documents from both the physical file and the Case Tracking System means the appellant has not been afforded a full opportunity to present their case. In the interest of justice and to uphold constitutional guarantees of fair trial, the court deferred the judgment and directed the appellant to file and upload all missing pleadings and submissions before a final decision is rendered.
Court Disposition
Judgment deferred to allow appellant to file missing pleadings and submissions.
Orders
- The judgment is deferred.
- The appellant is granted time to upload and submit all missing pleadings and submissions before the court renders its final decision.
Full Case Text
Judgment text and source record
20 paragraphs
Nzioka v Republic (Criminal Appeal E062 of 2024) [2025] KEHC 7764 (KLR) (29 May 2025) (Directions)
Neutral citation: [2025] KEHC 7764 (KLR)
Republic of Kenya
In the High Court at Machakos
Criminal Appeal E062 of 2024
RC Rutto, J
May 29, 2025
Between
Aisack Mwangi Nzioka
Appellant
and
Republic
Respondent
Directions
1. This matter was scheduled for judgment on 29th May 2029. However, upon reviewing the case before drafting the judgment, it became evident that the appellant's pleadings were missing from both the physical court file and the CTS (Case Tracking System).
2. From the record, I note that on 10th February 2021, when this matter came before the court, counsel for the respondent informed the court that they had received the appellant’s submissions and required more time to file their own submissions. Upon reviewing the respondent’s submissions, it is clear that they make reference to the Petition of Appeal, the amended supplementary grounds of appeal, and the appellant’s submissions.
3. However, upon further examination of the CTS records, the only document filed by the appellant is the Petition of Appeal, which was forwarded on 5th August 2024. This clearly indicates that certain pleadings are missing.
4. Given the severity of the sentence involved and the nature of the appeal, the court finds it necessary to ensure that the appellant is given a fair opportunity to present all required documents in support of their case. Proceeding with the judgment without the amended grounds of appeal and the appellant’s submissions would be unjust.
5. Therefore, in the interest of justice, I will defer the judgment to allow the appellant sufficient time to upload and submit all missing pleadings and submissions before the court renders its final decision.
DATED, SIGNED AND DELIVERED AT MACHAKOS THIS 29TH DAY OF MAY, 2025RHODA RUTTOJUDGEIn the presence of;………………………………………………..the Appellant……………………………………………..ODPPSam Court Assistant