[2001] KEHC 289 (KLR)
The court held that when an appellant in a criminal appeal requests the O.B. as additional evidence, the court must first be satisfied that the appellant is entitled to it. Upon such satisfaction, the appellant is to be provided with the O.B., select the intended additional evidence, and prepare an application...
Source-derived case information.
- Citation
- [2001] KEHC 289 (KLR)
- Parties
- Appellant: Peter Muindi; Appellant: Jimmy Sese Musila; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 334 of 1999
- Procedural Posture
- Criminal Appeal / Ruling on Procedure for Adducing Additional Evidence on Appeal
- Outcome
- Procedural directions issued for adducing additional evidence on appeal.
- Legal Topics
- Appeals Procedure, Adducing Additional Evidence, Original Book Evidence
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Peter Muindi
Appellant
Jimmy Sese Musila
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Procedure for Adducing Additional Evidence on Appeal
Legal Issues
- 1 What is the proper procedure for an appellant to request and adduce additional evidence, specifically the O.B., on appeal in a criminal matter?
- 2 What directions should the court give regarding the handling and admission of such additional evidence?
Ratio Decidendi
The court held that when an appellant in a criminal appeal requests the O.B. as additional evidence, the court must first be satisfied that the appellant is entitled to it. Upon such satisfaction, the appellant is to be provided with the O.B., select the intended additional evidence, and prepare an application specifying the evidence to be adduced. This application must be served on the State and will be heard by the Judge. If the Judge allows the application, directions will be issued on how the additional evidence will be taken, and such evidence will become part of the record of appeal to be considered alongside the original proceedings. This procedure ensures fairness and due process...
Court Disposition
Procedural directions issued for adducing additional evidence on appeal.
Orders
- If an appellant requests the O.B. as additional evidence, the court must first be satisfied of entitlement before providing it.
- The appellant must select the additional evidence from the O.B. and prepare an application specifying the evidence to be adduced on appeal.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO.334 OF 1999
PETER MUINDI…………………………………………..1ST APPELLANT
V E R S U S
REPUBLIC…………………………………………………..RESPONDENT
CONSOLIDATED WITH
CRIMINAL APPEAL NO.335 OF 1999
JIMMY SESE MUSILA….……………………………….2ND APPELLANT
V E R S U S
REPUBLIC……………………………………………….….RESPONDENT
(From Original Conviction and Sentence in Criminal Case No.221 of 1999 of the Chief Magistrate’s Court at Mombasa – B. Maloba, Ms – S.R.M.)
R U L I N G
There is a tendency for prisoners for asking for O.B. as part of their intended additional evidence on appeal.
The Learned State Counsel has requested this court to issue directions as to the procedure to be followed. Once an appellant has requested for the O.B. he should be provided with if the court is satisfied that the appellant is entitled to have it. Then the appellant will select what additional evidence he intends to use from the O.B. He will then prepare an application containing the additional evidence he intends to adduce on appeal and serve the same to the State and the application will be heard by the Judge. If the Judge allows the application, he will then give directions on how the additional evidence will be taken and that will form part of the record of appeal and will be considered along with the evidence contained in the proceedings of the Subordinate Court. Those are the directions.
Dated at Mombasa this 9th day of October, 2001.
G.O. OMWITSA
COMMISSIONER OF ASSIZE