[2023] KEHC 19263 (KLR)

[2023] KEHC 19263 (KLR)

The court issued procedural directions to ensure the timely and orderly progression of the criminal appeal. The appellant is required to serve the petition of appeal on the respondent within seven days, and the lower court file must be typed and provided to the High Court within sixty days. Upon receipt of the lower...

Source-derived case information.

Citation
[2023] KEHC 19263 (KLR)
Parties
Appellant: Kevin Owino Odenya; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Appeal 189 of 2023
Procedural Posture
Criminal Appeal / Interlocutory Order
Outcome
Interlocutory procedural orders issued to facilitate the hearing of the criminal appeal.
Judges
DR Kavedza
Legal Topics
Criminal Appeal Procedure, Service of Pleadings, Record of Appeal, Case Allocation
Source Language
en
Criminal Law Criminal Appeal Procedure Service of Pleadings Record of Appeal Case Allocation

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Parties

Kevin Owino Odenya

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Order

Legal Issues

  1. 1 Whether the appellant has complied with procedural requirements for serving the petition of appeal.
  2. 2 Whether directions should be given for preparation and filing of the record of appeal.
  3. 3 Whether timelines should be set for typing and availing the lower court file.

Ratio Decidendi

The court issued procedural directions to ensure the timely and orderly progression of the criminal appeal. The appellant is required to serve the petition of appeal on the respondent within seven days, and the lower court file must be typed and provided to the High Court within sixty days. Upon receipt of the lower court file, the appellant is to prepare a complete record of appeal. The matter is to be mentioned before another judge for allocation or further directions. These orders are necessary to facilitate the expeditious hearing and determination of the appeal in accordance with statutory requirements and principles of fair hearing.

Court Disposition

Interlocutory procedural orders issued to facilitate the hearing of the criminal appeal.

Orders

  • The Petition of Appeal shall be served upon the respondent by the appellant’s counsel within 7 days and not later than July 6, 2023.
  • The lower court file to be typed within 60 days and a certified copy be provided to the High Court on or before September 8, 2023.