[2022] KEHC 12134 (KLR)
The court found that the applicant failed to provide any valid reason or evidence to justify the transfer of his petition to another court. The applicant's apprehension regarding possible dismissal of his resentencing application was not supported by any objective basis or demonstration of bias or injustice....
Source-derived case information.
- Citation
- [2022] KEHC 12134 (KLR)
- Parties
- Applicant: Philip Kipkoskei Bett; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 21 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Petition and Dismissal of Petition
- Outcome
- application and petition dismissed
- Judges
- AN Ongeri
- Legal Topics
- Resentencing, Transfer of Proceedings, Death Sentence, Appellate Withdrawal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kipkoskei Bett
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Petition and Dismissal of Petition
Legal Issues
- 1 Whether the applicant has established sufficient grounds for transfer of his petition to another court.
- 2 Whether the petition should be dismissed for failure to file submissions and cooperate with the Probation Officer.
Ratio Decidendi
The court found that the applicant failed to provide any valid reason or evidence to justify the transfer of his petition to another court. The applicant's apprehension regarding possible dismissal of his resentencing application was not supported by any objective basis or demonstration of bias or injustice. Furthermore, the applicant's refusal to cooperate with the Probation Officer and to file submissions in his petition indicated a lack of seriousness and disregard for court procedure. Consequently, both the application for transfer and the substantive petition were dismissed for want of merit and non-compliance with court directions.
Court Disposition
application and petition dismissed
Orders
- The application seeking transfer to another court is dismissed.
- The petition is dismissed for failure to file submissions.
Full Case Text
Judgment text and source record
28 paragraphs
Bett v Republic (Miscellaneous Application 21 of 2018) [2022] KEHC 12134 (KLR) (20 May 2022) (Ruling)
Neutral citation: [2022] KEHC 12134 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Application 21 of 2018
AN Ongeri, J
May 20, 2022
Between
Philip Kipkoskei Bett
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner filed an undated Application filed on 01/3/2021 seeking a transfer to any other court for hearing of his petition.
2. The petitioner was sentenced to death on 1/9/2016 by the High Court at Kericho and appealed to the Court of Appeal.
3. However, he withdrew the appeal and applied for resentencing under the Muruatetu rule.
4. He is now apprehensive that the resentencing will be dismissed as done on recent petitions and he wants to be transferred to any other court.
5. The respondent opposed the Application and submitted orally that the petitioner has no basis for seeking a transfer.
6. The petitioner said he has the original file but he refused to avail it.
7. The petitioner also refused to be interviewed by the Probation Officer saying he wants to be transferred to another court.
8. I find that the petitioner’s application lacks in merit.
9. The petitioner has no reason to seek to be transferred to any other court.
10. The petitioner has not reformed at all despite having been in custody since 2016. His attitude is wrong.
11. I dismiss his application seeking transfer to another court.
12. Since he has declined to file submissions in his petition the same is also dismissed.
13. He has a right of appeal to the court of appeal.
DELIVERED, SIGNED AND DATED AT KERICHO THIS 20THDAY OF MAY 2022. A. N. ONGERIJUDGE