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CLAMUEL MWENESI NGAIYA
V.
REPUBLIC OF KENYA

(2019) JELR 103160 (CA)

Court of Appeal 21 Jun 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 21 of 2017
Judges:Philip Nyamu Waki Roselyn Naliaka Nambuye Daniel Kiio Musinga
Location:Nairobi
Other Citations:Clamuel Mwenesi Ngaiya v. Republic [2019] eKLR

RULING OF THE COURT

This appeal was first called out for hearing at 9.30 am but the appellant, who appears in person, stated that the file served on him had problems which he wanted to sort out. We examined the record of his appearances before the Deputy Registrar for case management and found that the same issue has been raised by the appellant on five occasions; that is 12th April, 2017, 2nd October, 2017, 6th November, 2017, 11th June, 2018 and lastly on 29th October, 2018 when the appellant is recorded to have stated that he was ready to take a hearing date. That date was fixed for today but surprisingly the appellant says he thought he was appearing before the Deputy Registrar to have his file sorted out.

In those circumstances, we gave time to the appellant to go through the file served on him and point out the problems he was alluding to. He did so, and after two hours or so the appeal was called out again and the appellant raised two areas of the record that he contented were ei…

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