Tom v Republic [2024] KEHC 14939 (KLR)

Tom v Republic (Criminal Appeal E002 of 2021) [2024] KEHC 14939 (KLR) (28 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14939 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Appeal E002 of 2021

WM Musyoka, J

November 28, 2024

Between

George Andefu Tom

Appellant

and

Republic

Respondent

(Appeal from conviction and sentence by Hon. PA Olengo, Principal Magistrate, PM, in Busia CMCSO No. 95 of 2016, of 22nd December 2021)

Ruling

1. I am unable to complete writing the judgment herein, as I am yet to find the written submissions allegedly filed by the appellant.

2. When the matter came up on 3rd October 2024, he indicated that he had received the record of appeal, and had filed his written submissions. Those submissions are not in the record before me, and the registry has been unable to trace them.

3. The respondent has already filed its written submissions.

4. As the appeal is by the appellant, I shall give him the benefit of the doubt, and allow him 30 days to place his written submissions on record.

5. The matter shall be mentioned on 5th December 2024 to receive the written submissions from the appellant, and to allocate a fresh date for judgment.

DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, THIS 28THDAY OF NOVEMBER 2024. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. George Andefu Tom, the appellant, in person.AdvocatesMr. Onanda, instructed by the Director of Public Prosecutions, for the respondent.