[2022] KEHC 16749 (KLR)
The court determined that it is not feasible or just to keep an appeal pending indefinitely when the lower court file has not been availed for over four years despite repeated requests and reminders. The absence of the lower court record makes it impossible to consider the appeal on its merits. Therefore, the court...
Source-derived case information.
- Citation
- [2022] KEHC 16749 (KLR)
- Parties
- Appellant: Francis Nyakanyi Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 50 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Administrative Closure Due to Missing Lower Court File
- Outcome
- Appeal administratively closed due to unavailability of lower court file.
- Judges
- RE Aburili
- Legal Topics
- Appeal Closure, Missing Court Record, Administrative Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis Nyakanyi Okello
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Administrative Closure Due to Missing Lower Court File
Legal Issues
- 1 Whether the appeal can proceed in the absence of the lower court file for over four years.
- 2 Whether the court should continue to keep the appeal pending indefinitely.
Ratio Decidendi
The court determined that it is not feasible or just to keep an appeal pending indefinitely when the lower court file has not been availed for over four years despite repeated requests and reminders. The absence of the lower court record makes it impossible to consider the appeal on its merits. Therefore, the court exercised its discretion to administratively close the appeal, with liberty to the appellant to apply for reopening should the file become available in the future.
Court Disposition
Appeal administratively closed due to unavailability of lower court file.
Orders
- The appeal is marked as closed.
- The Deputy Registrar to notify the appellant in person.
Full Case Text
Judgment text and source record
21 paragraphs
Okello v Republic (Criminal Appeal 50 of 2018) [2022] KEHC 16749 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16749 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Appeal 50 of 2018
RE Aburili, J
December 19, 2022
Between
Francis Nyakanyi Okello
Appellant
and
Republic
Respondent
(An Appeal originating from Ukwala PM’s Sexual Offence Case No. 9 of 2017)
Ruling
1. This appeal has been pending before this court for over 4 years now and despite the request and reminders to Ukwala Law Courts to avail the lower court file, there is no response or action. It is frustrating to call for a file for over 4 years with no response. The matter cannot be mentioned forever.
2. I hereby mark this appeal as closed.
3. The Deputy Registrar to notify the appellant in person who shall be at liberty to apply, upon which a fresh court file shall be opened and the appeal considered on its merits since this court is unable to keep the file pending infinitum.
4. File closed.
5. I so direct.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE