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Case Brief · caselaw.co.ke
Court of AppealOtherCriminal Appeal No. 51 of 2002
Augustine Kuka Guda v Republic [2002] KECA 216 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal paused a prisoner's criminal appeal because the record lacked a memorandum of appeal, and ordered prison authorities to help him file one.
What this practically means
#Executive summary
#This is a short procedural order of the Court of Appeal at Kisumu (Kwach, Tunoi and Bosire JJ.A) delivered on 11 June 2002 in a criminal appeal by Augustine Kuka Guda against a sentence imposed by the High Court at Kakamega (Waweru J) on 14 February 2002 in H.C.CR.C. No. 18 of 2000. The court noted that the record of appeal placed before it did not incorporate the memorandum of appeal. Rather than hearing the appeal, the court directed that the appeal be taken out of that day's cause list and stood over to the next session at Kisumu. The appellant was given 14 days within which to lodge the memorandum of appeal, and the prison authorities under whose custody the appellant was held were directed to assist him in complying with the order. No substantive issues were determined, no decision of the High Court was affirmed, varied or reversed, and no costs order was made. The order is of procedural significance only: it illustrates the Court of Appeal's practice of standing down appeals where the record is incomplete, and its willingness to direct custodial authorities to facilitate an unrepresented prisoner's compliance with filing requirements. No binding legal proposition on the merits of the appeal arises from this order.
Key legal issues
#Legal principles established
#Court orders
#- 1.The appeal was taken out of the cause list and stood over to the next session at Kisumu
- 2.The appellant to lodge the memorandum of appeal within 14 days
- 3.The prison authorities under whom the appellant is held shall assist the appellant to comply with the order
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Kakamega
- H.C.CR.C. No. 18 of 2000
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal over a sentence of the High Court (criminal appeal)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
As the record of appeal does not incorporate the memorandum of appeal, the appeal is taken out of today's cause list and stood over to the next session at Kisumu.
Issues in the judgment
#minor
The document is a brief procedural order, not a reasoned judgment; it contains no issues for determination, holdings, or costs order, limiting the brief's content.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Augustine Kuka Guda v Republic [2002] KECA 216 (KLR)", Case Analysis (2002). Criminal Appeal No. 51 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/216/eng@2002-06-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.