Silas Kwemboi Tenge v Republic

Tenge v Republic (Criminal Appeal E004 of 2025) [2025] KEHC 13352 (KLR) (24 September 2025) (Ruling) Neutral citation: [2025] KEHC 13352 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL APPEAL E004 OF 2025 MS SHARIFF, J SEPTEMBER 24, 2025 BETWEEN SILAS KWEMBOI TENGE ..................................................................... APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Whereas the appellant herein had filed a petition of appeal dated 10.2.2025 and whereas directions on filing of written submissions were made on 25.6.2025; the appellant, did, without leave of court file amended grounds of appeal dated 15.8.2025 which were never served upon the respondent who had duly filed its submissions on 15.7.2025. 2. Ms Kibet for the respondent has craved for the striking out of the amended grounds of appeal. The appellant on the other hand prays that the same be considered on grounds that he filed the same out of ignorance of the law. 3. I have considered the rival submissions of parties and I do not that it is the tenets of natural justice that one ought to not be condemned without a hearing. The appellant did not seek this court’s leave to amend his grounds of appeal when directions were given on 25.6.2025. He thus intends to surprise the respondent who will not have any opportunity to respond to the amended grounds of appeal. The rights of the respondent to a fair hearing have thus been infringed. This court cannot condone such blatant abuse of court process that is aimed at giving one party undue advantage over the other. I thus agree with the respondent that the amended grounds of appeal are improperly on the court record and I thus strike them out accordingly. 4. I do note that the appellant did file his submissions on 3.9.2025 outside the limitation period of 21 days granted to him on 25.6.2025 and he further based his submissions on the amended grounds of appeal. The said submissions dated 3.9.2025 are hereby struck out too. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13352/eng@2025-09-24 1

page 1 of 2