[2016] KEHC 2108 (KLR)
The court found that the applicant's request for Safaricom Kenya Ltd to provide mobile data for specified telephone numbers and dates was unopposed and necessary for the preparation of his defense in the pending criminal case. The court therefore granted the order compelling Safaricom Kenya Ltd to provide the...
Source-derived case information.
- Citation
- [2016] KEHC 2108 (KLR)
- Parties
- Applicant: Aaron Kili Ngea; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 29 of 2016
- Procedural Posture
- Criminal Misc Application / Ruling
- Outcome
- application partly allowed
- Judges
- DO Chepkwony
- Legal Topics
- Disclosure of Evidence, Telecommunications Data, Criminal Procedure, Pre Trial Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aaron Kili Ngea
Applicant
Republic
Respondent
Procedural Posture
Criminal Misc Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to an order compelling Safaricom Kenya Ltd to provide mobile data for specified telephone numbers and dates.
- 2 Whether criminal case No 5 of 2014 should be stayed pending provision of the said data.
Ratio Decidendi
The court found that the applicant's request for Safaricom Kenya Ltd to provide mobile data for specified telephone numbers and dates was unopposed and necessary for the preparation of his defense in the pending criminal case. The court therefore granted the order compelling Safaricom Kenya Ltd to provide the requested data. However, the court noted that the applicant did not contest the respondent's objection to the prayer for a stay of proceedings, and accordingly, that prayer was not granted. The decision was based on the need to ensure a fair trial and the absence of opposition to the main prayer.
Court Disposition
application partly allowed
Orders
- Safaricom Kenya Ltd is ordered to provide to the accused/applicant mobile data, i.e., received and made telephone calls on his mobile telephone numbers 0171-710280 and 0722-752702 for 26th April, 2014 and 30th April, 2014.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL MISC APPLICATION NO. 29 OF 2016
AARON KILI NGEA ................................................................APPLICANT
VERSUS
REPUBLIC ............................................................................RESPONDENT
R U L I N G
The applicant, vide a Notice of Motion dated 9th March, 2016 has sought to have SAFARICOM KENYA LTD ordered to provide to the accused mobile data to all received and made telephone calls for the accused’s mobile telephone No 0714-710280 and 0722-752702 for 26th April, 2014 and both April 2014.
They also sought to have criminal case No 5 of 2014, Republic Vrs Aaron Kili Ngea stayed pending the provision of the said data. The application has not been opposed in terms of the first prayer. And the applicants have equally not contested the objection to prayer No 2 being granted.
In the circumstances, the applicants are granted the orders sought for in prayer number 1 to the effect that SAFARICOM KENYA LTD be and is herby ordered to provide to the accused/applicant mobile data i.e. received and made telephone calls on his mobile telephones Nos. 0171-710280 and 0722 -752702 for 26th April, 2014 and 30th April, 2014.
Ruling signed, dated and delivered this 26th day of October, 2016.
D. O. CHEPKWONY
JUDGE
In the presence of:
M/s Mutua for the state
Mr Kenzi for the Applicant
C/clerk – Kiarie