[2017] KEHC 2875 (KLR)
The court found that the appellant's request for a copy of the record of the first report made by the complainant, as captured in the Occurrence Book, was a simple and reasonable request. The appellant had raised in his grounds of appeal the issue of whether such a report existed implicating him in the offence. The...
Source-derived case information.
- Citation
- [2017] KEHC 2875 (KLR)
- Parties
- Appellant: Samuel Wafula Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 17 of 2015
- Procedural Posture
- Criminal Appeal / Interlocutory Application During Appeal
- Outcome
- application allowed
- Legal Topics
- Right to Fair Trial, Access to Evidence, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Wafula Oduor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Application During Appeal
Legal Issues
- 1 Whether the appellant is entitled to a copy of the record of the first report made by the complainant as captured in the Occurrence Book during the pendency of his appeal.
Ratio Decidendi
The court found that the appellant's request for a copy of the record of the first report made by the complainant, as captured in the Occurrence Book, was a simple and reasonable request. The appellant had raised in his grounds of appeal the issue of whether such a report existed implicating him in the offence. The court held that if providing the requested record would aid the appellant in his appeal, there was no justifiable reason to deny the request. The court did not require the appellant to specify further what he intended to do with the evidence at this stage, nor did it require proof that the request had been made and rejected at the trial court. The application was therefore...
Court Disposition
application allowed
Orders
- The appellant to be supplied with a copy or extract of O.B. No. 56/04/7/14 as indicated in the charge sheet dated 7th July, 2014.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
CRIMINAL APPEAL NO. 17 OF 2015
SAMUEL WAFULA ODUOR..............................................APPELLANT
VERSUS
REPUBLIC.......................................................................RESPONDENT
RULING
1. When this appeal came up for hearing on 20th March, 2017, the Appellant Samuel Wafula Oduor asked for a “copy of the record of the first report.”
2. The Appellant did not elaborate. Mr. Owiti for the State opposed the application. He submitted that the Appellant needs to give the reasons for making the request and must also show that he had made the application before the trial Court and the same had been rejected.
3. I have looked at the Appellant’s amended grounds of appeal filed on 3rd November, 2016 and find that in the first ground he alleges that there was no first report to the police implicating him for the offence with which he was charged.
4. The Appellant has simply requested for a copy of the record of the first report made by the complainant as captured in the Occurrence Book. At the moment, he has not said that he wants to do with that evidence. He has not even asked to be allowed to adduce additional evidence. This is a simple request and if the same will aid the Appellant in his appeal then I do not see why his prayer should not be granted. The application is allowed. The Appellant to be supplied with a copy or extract of O.B. No. 56/04/7/14 being the number indicated in the charge sheet dated 7th July, 2014.
Dated and signed at Malindi this 27th day of June, 2017.
W. KORIR,
JUDGE OF THE HIGH COURT
Delivered, dated and signed at Busia this 12th day of July, 2017.
K. W. KIARIE,
JUDGE OF THE HIGH COURT