[2023] KEHC 20551 (KLR)
The court found that the prosecution, having expressed its intention to appeal and having already filed a notice of appeal as directed by the Court of Appeal, was unable to proceed due to the High Court registry's failure to prepare the required record of appeal. The court therefore directed the Deputy Registrar to...
Source-derived case information.
- Citation
- [2023] KEHC 20551 (KLR)
- Parties
- Applicant: Republic; Defendant: Philip Ondara Onyancha; Defendant: Tobias Nyabuhanga Arad; Defendant: Douglas Obiero Makori
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2010
- Procedural Posture
- Criminal Case / Ruling on Preparation of Record of Appeal
- Outcome
- Direction issued to Deputy Registrar to prepare digitized record of appeal within 14 days.
- Judges
- DR Kavedza
- Legal Topics
- Appeals Process, Record of Appeal Preparation, Prosecutorial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Philip Ondara Onyancha
Defendant
Tobias Nyabuhanga Arad
Defendant
Douglas Obiero Makori
Defendant
Procedural Posture
Criminal Case / Ruling on Preparation of Record of Appeal
Legal Issues
- 1 Whether the High Court registry should be compelled to prepare a digitized record of appeal as directed by the Court of Appeal.
- 2 Whether the prosecution can proceed with the appeal before the record of appeal is prepared.
Ratio Decidendi
The court found that the prosecution, having expressed its intention to appeal and having already filed a notice of appeal as directed by the Court of Appeal, was unable to proceed due to the High Court registry's failure to prepare the required record of appeal. The court therefore directed the Deputy Registrar to prepare a digitized record of appeal within 14 days to enable the prosecution to file the appeal, ensuring compliance with the appellate process and upholding the right of the prosecution to pursue the appeal as per the directions of the higher court.
Court Disposition
Direction issued to Deputy Registrar to prepare digitized record of appeal within 14 days.
Orders
- Deputy Registrar to prepare a digitized record of appeal within 14 days to enable the prosecution to file the appeal.
- Matter to be mentioned on July 31, 2023 to confirm compliance.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Onyancha & 2 others (Criminal Case 36 of 2010) [2023] KEHC 20551 (KLR) (Crim) (20 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20551 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case 36 of 2010
DR Kavedza, J
July 20, 2023
Between
Republic
Prosecutor
and
Philip Ondara Onyancha
1st Accused
Tobias Nyabuhanga Arad
2nd Accused
Douglas Obiero Makori
3rd Accused
Ruling
1. I have heard Mr. Omirera for the state. His view is that Justice Wakiaga did not consider the evidence of the state and that he prefers to appeal the matter and had indeed already filed an appeal to the court of appeal which directed that the record of appeal should be prepared.
2. However according to Mr. Omirera, the High Court registry has never prepared the said record of appeal to enable him to file the appeal with the appeal as directed by the Court of Appeal.
3. It is the prosecution case and if the state counsel is not ready to proceed before me as directed by Justice Kimondo and prefers to appeal first, I would direct that the Deputy Registrar should and Must within 14 days prepare a digitized record of appeal to enable Mr. Omirera to file the appeal.
4. This matter shall be mentioned on July 31, 2023 to confirm compliance by the Deputy Registrar
RULING READ, DELIVERED AND DATED THIS 20TH DAY OF JULY 2023. __________________D. KAVEDZAJUDGE