[2024] KEHC 14939 (KLR)
The court found that, since the appellant claimed to have filed his written submissions but they were missing from the record and could not be traced by the registry, it was just to grant him the benefit of the doubt and allow him additional time to place his submissions on record. This ensures the appellant's right...
Source-derived case information.
- Citation
- [2024] KEHC 14939 (KLR)
- Parties
- Appellant: George Andefu Tom; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E002 of 2021
- Procedural Posture
- Criminal Appeal / Interlocutory Ruling on Filing of Submissions
- Outcome
- Appellant granted 30 days to file written submissions; matter to be mentioned for further directions.
- Judges
- WM Musyoka
- Legal Topics
- Appeals Procedure, Filing of Submissions, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Andefu Tom
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Filing of Submissions
Legal Issues
- 1 Whether the appellant's written submissions were properly on record for consideration in the appeal.
- 2 Whether the appellant should be granted additional time to file his written submissions.
Ratio Decidendi
The court found that, since the appellant claimed to have filed his written submissions but they were missing from the record and could not be traced by the registry, it was just to grant him the benefit of the doubt and allow him additional time to place his submissions on record. This ensures the appellant's right to be heard is protected and the appeal is determined on its merits.
Court Disposition
Appellant granted 30 days to file written submissions; matter to be mentioned for further directions.
Orders
- The appellant is allowed 30 days to place his written submissions on record.
- The matter shall be mentioned on 5th December 2024 to receive the appellant's written submissions and allocate a fresh date for judgment.
Full Case Text
Judgment text and source record
21 paragraphs
Tom v Republic (Criminal Appeal E002 of 2021) [2024] KEHC 14939 (KLR) (28 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14939 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Appeal E002 of 2021
WM Musyoka, J
November 28, 2024
Between
George Andefu Tom
Appellant
and
Republic
Respondent
(Appeal from conviction and sentence by Hon. PA Olengo, Principal Magistrate, PM, in Busia CMCSO No. 95 of 2016, of 22nd December 2021)
Ruling
1. I am unable to complete writing the judgment herein, as I am yet to find the written submissions allegedly filed by the appellant.
2. When the matter came up on 3rd October 2024, he indicated that he had received the record of appeal, and had filed his written submissions. Those submissions are not in the record before me, and the registry has been unable to trace them.
3. The respondent has already filed its written submissions.
4. As the appeal is by the appellant, I shall give him the benefit of the doubt, and allow him 30 days to place his written submissions on record.
5. The matter shall be mentioned on 5th December 2024 to receive the written submissions from the appellant, and to allocate a fresh date for judgment.
DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, THIS 28THDAY OF NOVEMBER 2024. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. George Andefu Tom, the appellant, in person.AdvocatesMr. Onanda, instructed by the Director of Public Prosecutions, for the respondent.