(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)
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.
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.