JOHN MOSEE V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was convicted in the Senior Resident Magistrate’s Court of robbery, contrary to section 296(1) of the Penal Code. His appeal to the High Court was dismissed in the following two words, “Appeal dismissed”. Nothing else appears in the record to show what transpired at the hearing of the appeal or the reasons for the decision.

As held in Misana v. The Republic [1967] EA 334, there being no written record of the decision of the High Court nor any reason for the decision, the only proper course is to remit the matter to the High Court for the original appeal to be reheard. The court’s opinion was expressed as follows (at page 336):

The appellant, on appeal to the High Court, is entitled to have all the evidence before the Resident Magistrate re-examined and evaluated by the High Court in order to determine whether there was evidence upon which the Resident Magistrate could properly make the finding which he did (see Shantilal Maneklal Ruwala v. R [1957] EA …