[2023] KEHC 21010 (KLR)
The court held that it is not possible to write a judgment or determine the appeal without the original trial court record. The absence of the record is a procedural impediment, and the court cannot proceed until the record is availed. The Deputy Registrar is directed to ensure the original trial court records are...
Source-derived case information.
- Citation
- [2023] KEHC 21010 (KLR)
- Parties
- Appellant: Wycliffe Shitakha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E037 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Availability of Trial Record
- Outcome
- No determination on the merits; proceedings adjourned pending availability of trial record.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record Availability, Trial Record Missing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Shitakha
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Availability of Trial Record
Legal Issues
- 1 Whether the High Court can proceed to determine the appeal in the absence of the original trial court record.
Ratio Decidendi
The court held that it is not possible to write a judgment or determine the appeal without the original trial court record. The absence of the record is a procedural impediment, and the court cannot proceed until the record is availed. The Deputy Registrar is directed to ensure the original trial court records are provided to enable the court to write its judgment.
Court Disposition
No determination on the merits; proceedings adjourned pending availability of trial record.
Orders
- The Deputy Registrar shall cause the original trial court records to be availed.
Full Case Text
Judgment text and source record
19 paragraphs
Shitakha v Republic (Criminal Appeal E037 of 2022) [2023] KEHC 21010 (KLR) (1 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21010 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Appeal E037 of 2022
WM Musyoka, J
August 1, 2023
Between
Wycliffe Shitakha
Appellant
and
Republic
Respondent
(Appeal from conviction and sentence by Hon. JR Ndururi, Principal Magistrate, PM, in Kakamega PMCSO No. 80 of 2020, of 26th April 2022)
Ruling
1. The original trial court records in Kakamega PMCSO No 80 of 2020 have not been made available.
2. I am unable to write the judgment herein, in the circumstances.
3. The Deputy Registrar shall cause the original trial court records to be availed.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS………………1ST…….……….…….DAY OF ……………………AUGUST….…………………... 2023W MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMr. JJ Mukavale, Advocate for the appellant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the respondent.