Obanda v Republic (Criminal Appeal E031 of 2025) [2026] KEHC 1666 (KLR) (17 February 2026) (Ruling) Neutral citation: [2026] KEHC 1666 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA CRIMINAL APPEAL E031 OF 2025 WM MUSYOKA, J FEBRUARY 17, 2026 BETWEEN GILBERT OBANDA ................................................................................. APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT (Appeal from the judgment of Hon. RO Odenyo, Senior Principal Magistrate, SPM, in Busia CMCSOA Case No. 107 of 2019, delivered on 10th June 2025) RULING 1. The original trial records have not been availed, and the record of appeal has not been filed. 2. I am unable to write the judgment, in the appeal, in the circumstances. 3. Let the Deputy Registrar call for the original trial court records, and allocate a date for mention of the matter, before me. DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, THIS 17TH DAY OF FEBRUARY 2026. W MUSYOKA JUDGE Mr. Arthur Etyang, Court Assistant. Advocates Mr. Mwangi, instructed by Bedan Njeri & Company, Advocates for the appellant. Mr. Onanda, instructed by the Director of Public Prosecutions, for the respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1666/eng@2026-02-17 1
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