[2024] KEHC 12614 (KLR)
The court declined to proceed with the appeal on the basis that no record of appeal had been filed. The absence of a record of appeal is a fundamental procedural defect that precludes the court from writing a judgment or considering the merits of the appeal. The court directed that the appellant or the High Court...
Source-derived case information.
- Citation
- [2024] KEHC 12614 (KLR)
- Parties
- Appellant: Republic; Respondent: Samuel Nyaga
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E004 of 2023
- Procedural Posture
- Criminal Appeal / Pre Judgment; Record of Appeal Not Filed
- Outcome
- No determination on the merits; directions issued for filing of record of appeal.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Procedure, Record of Appeal, Judicial Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Samuel Nyaga
Respondent
Procedural Posture
Criminal Appeal / Pre Judgment; Record of Appeal Not Filed
Legal Issues
- 1 Whether the appeal can proceed in the absence of a filed record of appeal.
Ratio Decidendi
The court declined to proceed with the appeal on the basis that no record of appeal had been filed. The absence of a record of appeal is a fundamental procedural defect that precludes the court from writing a judgment or considering the merits of the appeal. The court directed that the appellant or the High Court criminal registry must file or prepare a proper record of appeal before the matter can be placed before a judge for judgment. This ensures compliance with statutory requirements and upholds the integrity of appellate proceedings.
Court Disposition
No determination on the merits; directions issued for filing of record of appeal.
Orders
- The appellant to file, or the High Court criminal registry to prepare, a proper record of appeal before the file is placed before the Judge for preparation of a judgment.
- Mention scheduled for 18th November 2024.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Nyaga (Criminal Appeal E004 of 2023) [2024] KEHC 12614 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12614 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Appeal E004 of 2023
WM Musyoka, J
October 22, 2024
Between
Republic
Appellant
and
Samuel Nyaga
Respondent
(Appeal from conviction and sentence by Hon. P. Olengo, Senior Principal Magistrate, SPM, in Busia CMCCRC No. 1265 of 2021, of 3rd May 2021)
Ruling
1. I am unable to write the judgment herein, as, although the original trial court records were availed, no record of appeal has been filed.
2. Things should always be done properly at all times.
3. Let the appellant file, or the High Court criminal registry prepare, a proper record of appeal, before this file is placed before the Judge for preparation of a judgment.
4. Mention on 18th November 2024.
RULING IS DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, THIS 22NDDAY OF OCTOBER 2024. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Onanda, instructed by the Director of Public Prosecutions, for the appellant.