Awuor v Republic [2022] KEHC 10605 (KLR)

Awuor v Republic (Criminal Appeal 28 of 2018) [2022] KEHC 10605 (KLR) (16 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10605 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Appeal 28 of 2018

RE Aburili, J

June 16, 2022

Between

Lawrence Ochieng Awuor

Appellant

and

Republic

Respondent

Ruling

1. This appeal was filed in this court on 8/6/2018 by Lawrence Ochieng Awuor who claims that he was convicted for the offence of robbery with violence contrary to section 296 (2) of the Penal code, vide Bondo PM Cr Case No 602 of 2016.

2. This court then called for the cited trial court record on 11/6/2018 and since then, four reminders have been send to that court without any response forthcoming.

3. On 13/6/2022, during this court’s station supervisory visit, I called for the said file and on the case file cited being availed, it had names of a different accused person and the offence was also different.

4. The appellant has never been in touch with this court over this case.

5. The court has however kept the file active hoping to receive the trial court record for admission of the appeal and for further directions to no avail.

6. Now that it is clear to this court that the appellant supplied to this court wrong particulars of his lower court file which particulars should have been easily derived from his committal warrant, this court is unable to hear and determine this appeal on its merits despite the concerted efforts made.

7. For the above reasons, I find that this appeal is incompetent for want of proper particulars of the lower court file making it impossible to determine the appeal on merit. The appeal is hereby struck out and the file closed.

8. The deputy registrar to notify the appellant through the Prisons authorities. The appellant is at liberty to follow appropriate procedures laid out in the law, to file another appeal with correct particulars, for consideration on its merit.

9. Orders accordingly.

10. File closed.

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