[2002] KECA 93 (KLR)
The Court of Appeal determined that proceeding with the appeal in the absence of the record would prejudice the appellant's right to a fair hearing. The court therefore adjourned the hearing to the next session and directed the Deputy Registrar to ensure that the appellant is served with another record in good time....
Source-derived case information.
- Citation
- [2002] KECA 93 (KLR)
- Parties
- Appellant: Stanley Cheruiyot Langat; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 22 of 2001
- Procedural Posture
- Criminal Appeal / Adjournment Pending Availability of Record
- Outcome
- Appeal stood over to the next session; directions issued for service of record to appellant.
- Legal Topics
- Criminal Appeal Procedure, Right to Fair Trial, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Cheruiyot Langat
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Adjournment Pending Availability of Record
Legal Issues
- 1 Whether the appellant can proceed with the appeal in the absence of the record of appeal.
- 2 What procedural orders should be made to ensure the appellant's right to a fair hearing is preserved.
Ratio Decidendi
The Court of Appeal determined that proceeding with the appeal in the absence of the record would prejudice the appellant's right to a fair hearing. The court therefore adjourned the hearing to the next session and directed the Deputy Registrar to ensure that the appellant is served with another record in good time. This decision upholds the principle that an appellant must be provided with all necessary documents to prepare for and prosecute an appeal, in line with the requirements of procedural fairness and the right to a fair trial.
Court Disposition
Appeal stood over to the next session; directions issued for service of record to appellant.
Orders
- The appeal is stood over to the next session of the Court in Nakuru.
- The Deputy Registrar is directed to ensure the appellant is served with another record in good time to enable preparation for the appeal.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAKURU CORAM: CHUNGA, C.J., BOSIRE & O'KUBASU, JJ.A. CRIMINAL APPEAL NO. 22 OF 2001 BETWEEN STANLEY CHERUIYOT LANGAT ............................ APPELLANT AND REPUBLIC .......................................... RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Kericho (Ondeyo J) dated 11th July, 2000 in H.C.CR.C. NO. 12 OF 1998) ***************** ORDER OF THE COURT In the circumstances narrated by the applicant, he cannot prosecute his appeal today as he does not have the record.
Accordingly, we stand over the appeal to this Court's next session in Nakuru. Deputy Registrar of this Court to ensure that the appellant is served with another record in good time to enable him to prepare for the appeal. Orders accordingly.
Dated and delivered at Nakuru this 19th day of February, 2002. B. CHUNGA --------------- CHIEF JUSTICE S. E. O. BOSIRE --------------- JUDGE OF APPEAL E. O. O'KUBASU --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR