[2012] KEHC 5813 (KLR)
The court found that the application to adduce additional evidence during the appeal had merit. Exercising its discretion under Section 358(1) of the Criminal Procedure Code, the court allowed the appellant to present additional evidence at the hearing of the appeal, holding that this was necessary for the just...
Source-derived case information.
- Citation
- [2012] KEHC 5813 (KLR)
- Parties
- Appellant: Sammy Kamanza Chiwaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 80 of 2012
- Procedural Posture
- Criminal Appeal / Application to Adduce Additional Evidence Pending Appeal Hearing
- Outcome
- Application to adduce additional evidence allowed.
- Judges
- JV Juma
- Legal Topics
- Adducing Additional Evidence, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Kamanza Chiwaya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application to Adduce Additional Evidence Pending Appeal Hearing
Legal Issues
- 1 Whether the appellant should be permitted to adduce additional evidence during the hearing of the criminal appeal.
Ratio Decidendi
The court found that the application to adduce additional evidence during the appeal had merit. Exercising its discretion under Section 358(1) of the Criminal Procedure Code, the court allowed the appellant to present additional evidence at the hearing of the appeal, holding that this was necessary for the just determination of the matter.
Court Disposition
Application to adduce additional evidence allowed.
Orders
- The application to adduce additional evidence is allowed in terms of Section 358(1) of the Criminal Procedure Code.
- The additional evidence will be adduced during the hearing of the appeal in the High Court.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT MOMBASA
Criminal Appeal 80 of 2012
SAMMY KAMANZA CHIWAYA .……..…...........….……… APPELLANT
=VERSUS=
REPUBLIC …………………….………………………... RESPONDENT
(From Original Conviction and Sentence in Criminal Case No. 47 of 2011 of the Senior Resident Magistrate’s Court at Mariakani: D.M. Machage –S.R.M.)
RULING
The Applicant herein has applied through his advocate MR. MUSHELLE to adduce additional evidence during his appeal. The application was opposed by MR. MUREITHI learned State Counsel. I have considered the Notice of Motion as well as the annexed supporting affidavit. In my view the said application to adduce additional evidence does have merit. I will therefore allow the same in terms of Section 358(1) of the Criminal Procedure Code. The additional evidence to be relied upon will be adduced during the hearing of the appeal in the High Court.
It is so ordered.
Dated and Delivered in Mombasa this 7th day of September 2012.
M. ODERO
JUDGE
In the presence of:
Ms. Adagi holding brief for Mr. Mushelle
Mr. Onserio for State