Aweyo v Republic [2022] KEHC 10616 (KLR)

Aweyo v Republic (Criminal Appeal 1` of 2020) [2022] KEHC 10616 (KLR) (16 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10616 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Appeal 1` of 2020

RE Aburili, J

June 16, 2022

Between

Erick Omondi Aweyo Alias Ojwang

Appellant

and

Republic

Respondent

Ruling

1. This appeal was filed on 15/1/2020 by Eric Omondi Aweyo Ojwang. He cited Bondo PM Cr. Case No. 831/2019 as the trial court case file. This court did call for the trial court file immediately on 16/1/2020 and has since send 4 reminders for the lower court file to be submitted to this court for admission of the appeal to hearing without receiving any response from Bondo Principal Magistrate’s court.

2. On 13/6/2022 during the High Court’s station supervisory visit, again this court asked the Principal Magistrate’s court at Bondo to avail the trial court record but when the staff searched in their registry, they were unable to find any file No. Cr. 831/2019 in the name of the appellant herein who claims that he was convicted for the offence of stock theft and sentenced to serve seven 7 years imprisonment on 6/1/2020.

3. As the lower court is unable to trace particulars of the appellant’s case file, the only option for this court now is to close this file.

4. Accordingly, this appeal which has been pending before this court for over 2 years without proper particulars of the lower court file is hereby struck out for being incompetent and for want of proper particulars.

5. The Appellant to be notified in prison. He is at liberty to file a fresh appeal following the legal procedures available.

6. Orders accordingly,

7. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF JUNE, 2022R.E. ABURILIJUDGE