[2020] KEHC 7869 (KLR)
The court found that the production of the Occurrence Book (OB) entry for 14/12/2017 from Kabarnet Police Station was necessary for the just determination of the appeal. The court exercised its discretion under section 358(1) of the Criminal Procedure Code to admit additional evidence, considering that the OB entry...
Source-derived case information.
- Citation
- [2020] KEHC 7869 (KLR)
- Parties
- Appellant: Peter Kipsoi Cherogony; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 22 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Application for Additional Evidence
- Outcome
- Application for additional evidence allowed.
- Judges
- EM Muriithi
- Legal Topics
- Criminal Appeal Procedure, Additional Evidence, Sexual Offences, Evidence Act Application
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Peter Kipsoi Cherogony
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Additional Evidence
Legal Issues
- 1 Whether the court should admit additional evidence in the form of the Occurrence Book (OB) entry for 14/12/2017 from Kabarnet Police Station.
- 2 Whether the additional evidence is necessary for the just determination of the appeal.
Ratio Decidendi
The court found that the production of the Occurrence Book (OB) entry for 14/12/2017 from Kabarnet Police Station was necessary for the just determination of the appeal. The court exercised its discretion under section 358(1) of the Criminal Procedure Code to admit additional evidence, considering that the OB entry could clarify issues regarding the veracity of the evidence already taken by the trial court. The court directed that the OB entry be produced by a suitable officer from Kabarnet Police Station, ensuring that both the appellant and the Director of Public Prosecutions are consulted regarding the date of production. The court emphasized the statutory basis for its decision and...
Court Disposition
Application for additional evidence allowed.
Orders
- The Occurrence Book (OB) No. 12/14/12/2017 of Kabarnet Police Station shall be produced before this court by a suitable officer from Kabarnet Police Station on a date to be fixed in consultation with the appellant and the DPP.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
CRIMINAL APPEAL NO. 22 OF 2018
PETER KIPSOI CHEROGONY.................................................APPELLANT
=VERSUS=
REPUBLIC.................................................................................RESPONDENT
[An appeal from the original conviction and sentence of the Senior Principal Magistrate’s Court at Kabarnet Sexual Offence Case no. 32 of 2017 delivered on the 28th day of March, 2018 by Hon. V.O. Amboko, RM]
RULING
1. Pursuant to section 358 (1) of the Criminal Procedure Code, the court directs the additional evidence by way of Occurrence Book (OB) for 14/12/2017 at Kabarnet Police Station, which the court considers necessary in the determination of the veracity of evidence already taken by the trial court; see section 165 of the Evidence Act.
2. The OB No. 12/14/12/2017 of Kabarnet Police Station shall be produced before this court by a suitable officer from Kabarnet Police Station on a date to be fixed in consultation with the appellant and the DPP.
3. Section 358 (1) of the Criminal Procedure Code pursuant to which the order herein is made is in the following terms:
“358 (1) in dealing with an appeal from a subordinate court, the High Court, if it thinks additional evidence is necessary, shall record its reasons, and may either take such evidence itself or direct it to be taken by a subordinate court”.
[Emphasis Added]
Order accordingly.
DATED AND DELIVERED THIS 4TH DAY OF MARCH 2020.
EDWARD M. MURIITHI
JUDGE
Appearances:
Appellant in person.
Ms. Macharia, Ass. DPP for the Respondent.