(Appeal from orders made in a ruling, by Hon. CK Cheptoo, Principal Magistrate, PM, delivered on 13th June 2023, in Nairobi MCCC No. E1680 of 2020)
1. I am unable to write the judgement in this matter.
2. The original trial court records were not availed. The record of appeal is not complete. It does not have copies of the proceedings that the trial court conducted.
3. The appeal is on the process that led up to the interlocutory judgement, and the ruling and orders of 13th June 2023 that followed thereafter. A record of those proceedings is critical.
4. I shall, accordingly, return the file to the relevant registry.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 16TH DAY OF DECEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Mr. Michael Onyango, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Wachakana, instructed by Wachakana & Company, Advocates for the appellant.
Ms. Nyambura, instructed by Mbigi Njuguna & Company, Advocates for the respondent.
1. I am unable to write the judgement in this matter.
2. The original trial court records were not availed. The record of appeal is not complete. It does not have copies of the proceedings that the trial court conducted.
3. The appeal is on the process that led up to the interlocutory judgement, and the ruling and orders of 13th June 2023 that followed thereafter. A record of those proceedings is critical.
4. I shall, accordingly, return the file to the relevant registry.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 16TH DAY OF DECEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Mr. Michael Onyango, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Wachakana, instructed by Wachakana & Company, Advocates for the appellant.
Ms. Nyambura, instructed by Mbigi Njuguna & Company, Advocates for the respondent.