[2021] KEHC 3522 (KLR)
The court found that since the appeal had already been heard and set down for judgment, and the appellant had not made any application to arrest the judgment before seeking to adduce additional evidence, it was not proper to proceed with the application. The matter was therefore referred back to the judge who heard...
Source-derived case information.
- Citation
- [2021] KEHC 3522 (KLR)
- Parties
- Appellant: Stephen Kiptui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 194 of 2017
- Procedural Posture
- Criminal Appeal / Application for Leave to Adduce Additional Evidence Pending Judgment
- Outcome
- Application for additional evidence not determined; matter referred for further directions.
- Legal Topics
- Criminal Appeals, Additional Evidence, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kiptui
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Adduce Additional Evidence Pending Judgment
Legal Issues
- 1 Whether the appellant is entitled to adduce additional evidence after the appeal has been heard and set down for judgment.
- 2 Whether the application for additional evidence is properly before the court in the absence of an application to arrest judgment.
Ratio Decidendi
The court found that since the appeal had already been heard and set down for judgment, and the appellant had not made any application to arrest the judgment before seeking to adduce additional evidence, it was not proper to proceed with the application. The matter was therefore referred back to the judge who heard the appeal for further directions.
Court Disposition
Application for additional evidence not determined; matter referred for further directions.
Orders
- The Deputy Registrar is directed to place both the appeal and the application for additional new evidence before Muriithi, J for further directions.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KABARNET
CRIMINAL APPEAL NO 194 OF 2017
STEPHEN KIPTUI........................................................................................APPELLANT
VERSUS
REPUBLIC..................................................................................................RESPONDENT
RULING AND ORDER
1. In the course of preparing the ruling in respect of producing additional new evidence in the instant application, it came to light that the appeal had been heard and had been set down for judgement on 19th December 2018 by this court (Muriithi, J). It also came to light that before the delivery of the said judgement the appellant filed an application seeking leave to produce new additional evidence pursuant to the provisions of section 358 (1) of the Criminal Procedure Code (Cap 75) Laws of Kenya.
2. Furthermore, there is no indication that the appellant made any application to arrest the judgement of this court (Muriithi,J) before making an application for additional new evidence.
3. In the premises, I am not able to proceed further in the matter. I therefore direct the Deputy Registrar of this court to place both the appeal and the application for additional new evidence before Muriithi, J for further directions.
Order signed, dated and delivered in open court at Kabarnet this 29th day of September 2021 in the presence of Mr. Kemboi, Court Assistant, Mr. Kiptoo holding brief for Mr. Chepkilot and Mr. Mong’are for the Respondent.
J M BWONWONG’A
JUDGE