Republic v Onyancha & 2 others [2023] KEHC 20551 (KLR)

Republic v Onyancha & 2 others (Criminal Case 36 of 2010) [2023] KEHC 20551 (KLR) (Crim) (20 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20551 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Case 36 of 2010

DR Kavedza, J

July 20, 2023

Between

Republic

Prosecutor

and

Philip Ondara Onyancha

1st Accused

Tobias Nyabuhanga Arad

2nd Accused

Douglas Obiero Makori

3rd Accused

Ruling

1. I have heard Mr. Omirera for the state. His view is that Justice Wakiaga did not consider the evidence of the state and that he prefers to appeal the matter and had indeed already filed an appeal to the court of appeal which directed that the record of appeal should be prepared.

2. However according to Mr. Omirera, the High Court registry has never prepared the said record of appeal to enable him to file the appeal with the appeal as directed by the Court of Appeal.

3. It is the prosecution case and if the state counsel is not ready to proceed before me as directed by Justice Kimondo and prefers to appeal first, I would direct that the Deputy Registrar should and Must within 14 days prepare a digitized record of appeal to enable Mr. Omirera to file the appeal.

4. This matter shall be mentioned on July 31, 2023 to confirm compliance by the Deputy Registrar

RULING READ, DELIVERED AND DATED THIS 20TH DAY OF JULY 2023. __________________D. KAVEDZAJUDGE