Case Metadata |
|
| Case Number: | CRIMINAL APPEAL 34 OF 2006 |
|---|---|
| Parties: | ARMSTRONG WANDERA v REPUBLIC |
| Date Delivered: | 22 Dec 2006 |
| Case Class: | Criminal |
| Court: | High Court at Busia |
| Case Action: | Ruling |
| Judge(s): | Nicholas Randa Owano Ombija |
| Citation: | ARMSTRONG WANDERA v REPUBLIC [2006] eKLR |
| Advocates: | Mr. Makali for the applicant |
| Advocates: | Mr. Makali for the applicant |
| Case Summary: | [RULING] Appeals-amendments-during mention of the appeal counsel for the appellants made an oral application to amend the petition of appeal of the 2nd appellant-on ground that the petition was drawn by the 2nd appellant personally and did not bring out all the factual and legal issues raised in the proceedings and/or judgment-whether the application merited being granted |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT AT BUSIA
CRIMINAL APPEAL 34 OF 2006
ARMSTRONG WANDERA ::::::::::::::::::::: APPELLANT
VS
REPUBLIC :::::::::::::::::::::::::::::::::::::: RESPONDENT
RULING
During the mention of the appeal, the counsel for the appellants made an oral application to amend the petition of appeal of the second appellant, Armstrong Wandera.
The thrust of counsels argument is that, the petition of appeal was drawn by the second appellant personally and does not bring out all the factual and legal issues raised in the proceedings and/or judgment.
That counsel would like to bring the petition in harmony with the petition of appeal of the 1st appellant with a view to seeking consolidation of the two appeals to be argued together.
Mr. Ndege for the state has no objection to the amendment.
I have scanned through both petitions and find as a matter of fact and law that amendment would be necessary to facilitate consolidation.
Accordingly, I grant the application and order that the amendment be done within 14 days from the date of this order. Thereafter the appeal should be fixed for mention for purposes of consolidation and subsequently hearing.
DATED and DELIVERED at BUSIA this 22nd day of December, 2006.
N.R.O. OMBIJA
JUDGE
Mr. Makali for the applicant.
NA for the state.
Please Wait. Searching ...