[2023] KEHC 25969 (KLR)

[2023] KEHC 25969 (KLR)

The court issued procedural directions to ensure the expeditious and proper handling of the criminal appeal. The appellant is required to serve the petition of appeal and the complete record of appeal upon the respondent. The deputy registrar is directed to ensure the original lower court file and certified record...

Source-derived case information.

Citation
[2023] KEHC 25969 (KLR)
Parties
Appellant: Moses Wanjala Wanyonyi; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Appeal 176 of 2022
Procedural Posture
Criminal Appeal / Interlocutory Order
Outcome
Procedural orders issued; matter set for mention for directions.
Judges
DR Kavedza
Legal Topics
Criminal Appeal Procedure, Service of Pleadings, Record of Appeal, Mention for Directions
Source Language
en
Criminal Law Criminal Appeal Procedure Service of Pleadings Record of Appeal Mention for Directions

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Summary, issues, holding and outcome

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Parties

Moses Wanjala Wanyonyi

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Order

Legal Issues

  1. 1 Whether the petition of appeal has been properly served upon the respondent.
  2. 2 Whether the original lower court file and certified record of proceedings have been availed to the High Court.
  3. 3 Whether the appellant has served the complete record of appeal.

Ratio Decidendi

The court issued procedural directions to ensure the expeditious and proper handling of the criminal appeal. The appellant is required to serve the petition of appeal and the complete record of appeal upon the respondent. The deputy registrar is directed to ensure the original lower court file and certified record of proceedings are availed to the High Court. The matter is scheduled for mention for directions, ensuring compliance with procedural requirements before substantive hearing.

Court Disposition

Procedural orders issued; matter set for mention for directions.

Orders

  • The petition of appeal shall forthwith be served upon the respondent/ODPP.
  • The deputy registrar shall ensure the original lower court file and certified record of proceedings are availed to the High Court at the earliest opportunity.