[2019] KEHC 6399 (KLR)
The court found that, based on the authority cited and the interests of justice, it was appropriate to admit the appeal and grant the prayer for expediting the hearing. The court exercised its discretion to direct the DPP to file the record of appeal within 30 days to ensure timely determination of the matter. The...
Source-derived case information.
- Citation
- [2019] KEHC 6399 (KLR)
- Parties
- Appellant: Republic; Respondent: Martha Mukami; Respondent: Paul Twumasi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 61 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Interlocutory Application Pending Appeal
- Outcome
- Appeal admitted; directions issued for expeditious filing of record of appeal.
- Judges
- CW Meoli
- Legal Topics
- Admission of Appeal, Record of Appeal Filing, Expedition of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Martha Mukami
Respondent
Paul Twumasi
Respondent
Procedural Posture
Criminal Appeal / Ruling on Interlocutory Application Pending Appeal
Legal Issues
- 1 Whether the appeal should be admitted pending hearing and determination.
- 2 Whether the DPP should be directed to file the record of appeal within a specified period.
Ratio Decidendi
The court found that, based on the authority cited and the interests of justice, it was appropriate to admit the appeal and grant the prayer for expediting the hearing. The court exercised its discretion to direct the DPP to file the record of appeal within 30 days to ensure timely determination of the matter. The reasons for this decision would be provided in the final judgment of the appeal.
Court Disposition
Appeal admitted; directions issued for expeditious filing of record of appeal.
Orders
- The appeal is admitted.
- The Director of Public Prosecutions is directed to file the record of appeal within 30 days from the date of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
CRIMINAL APPEAL NO. 61 OF 2018
REPUBLIC..................................................................APPELLANT
VERSUS
MARTHA MUKAMI
PAUL TWUMASI................................................RESPONDENTS
(Being an appeal from original conviction and sentence in criminal Case No. 1184 of 2016 at Chief Magistrate’s Court in Kiambu)
R U L I N G
The court has considered the material canvassed in respect of the application filed on 10th December, 2018. On the authority of the decision of the Court of Appeal in Mark Kibia Njihia v Director of Public Prosecutions [2015] e KLR and for reasons to be given at the time of judgment in respect of this appeal, I am persuaded that it is mete and just, to grant prayer (3) of motion filed on 10th December, 2019.
The appeal herein is admitted, and I further direct in order to expedite the hearing and determination of the appeal, that the DPP does proceed to file the record of appeal within 30 days of today’s date and thereafter the matter be mentioned on 2nd October 2019 to give directions as to the manner in which the appeal will be heard.
DELIVERED AND SIGNED AT KIAMBU THIS 13TH DAY OF JUNE 2019
....................
C. MEOLI
JUDGE
In the presence of:
Mr. Ruiru holding brief for Mr. Kimeru for the 1st Respondent and
Mr. Ndubi for the 2nd Respondent
Ms Ndombi for Appellant