Republic v Mung’asia & 2 others [2023] KEHC 3485 (KLR)

Republic v Mung’asia & 2 others (Criminal Appeal 115 of 2019) [2023] KEHC 3485 (KLR) (28 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3485 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Appeal 115 of 2019

WM Musyoka, J

April 28, 2023

Between

Republic

Appellant

and

Brian Mung’asia

1st Respondent

Consolata Olumasai Jaluo

2nd Respondent

Loyce Waceke Mwangi

3rd Respondent

(Appeal from judgment of Hon. B. Ochieng, Chief Magistrate, in Kakamega CMCCRC No. 2885 of 2014, of 15th August 2019)

Ruling

1. In the course of preparing judgment in this matter, it transpired that the record is missing part of the testimony of PW1, when he testified on January 14, 2015. Only a part of it appears on pages 21 and 22 of the record of appeal. The portion bearing his name and introduction is missing.

2. I am unable to complete writing judgment in the matter in the circumstances.

3. Let the Deputy Registrar cause a full or complete record of appeal to be filed.

4. The matter shall be mentioned thereafter. The judgment may be written or prepared by any of the Judges at the High Court at Kakamega.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS……………28TH………….DAY OF ……………APRIL…………..………… 2023W MUSYOKAJUDGEMr Erick Zalo, Court Assistant.AppearancesMs. Kagai, instructed by the Director of Public Prosecutions, for the appellant.Mr. Munyendo, Advocate for the respondents.