[2021] KEHC 7192 (KLR)
The court found that the delay in delivering the pending ruling on the applicants' bail application was occasioned by administrative challenges, namely the indisposition of the trial magistrate and the inability to trace the court file. Recognizing the urgency of matters affecting personal liberty, the court held...
Source-derived case information.
- Citation
- [2021] KEHC 7192 (KLR)
- Parties
- Applicant: David Sitonik; Applicant: Benard Kiprotich Cherono; Respondent: Director of Criminal Investigations; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E165 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Ex Parte Application Regarding Delayed Delivery of Ruling
- Outcome
- Application allowed with administrative directions issued.
- Judges
- DO Ogembo
- Legal Topics
- Bail Application, Judicial Administration, Delay of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Sitonik
Applicant
Benard Kiprotich Cherono
Applicant
Director of Criminal Investigations
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Ex Parte Application Regarding Delayed Delivery of Ruling
Legal Issues
- 1 Whether the delay in delivery of the pending ruling infringes on the applicants' right to personal liberty.
- 2 What administrative steps should be taken to ensure the pending ruling is delivered without further delay.
Ratio Decidendi
The court found that the delay in delivering the pending ruling on the applicants' bail application was occasioned by administrative challenges, namely the indisposition of the trial magistrate and the inability to trace the court file. Recognizing the urgency of matters affecting personal liberty, the court held that the issue was administrative and directed the Chief Magistrate and Head of Station at JKIA Law Courts to proactively ensure the file is availed and the ruling delivered without further delay. Alternatively, if the ruling had not been written, the Chief Magistrate was authorized to reassign the matter to another magistrate for immediate determination. The court emphasized the...
Court Disposition
Application allowed with administrative directions issued.
Orders
- The Hon. Chief Magistrate, JKIA Law Courts to ensure, through station administrative channels, that the relevant file (MCCR/E031/2021) is immediately availed in court and the pending ruling read out.
- In the alternative, if the trial magistrate has not written the ruling, the Hon. Chief Magistrate may allocate the matter to a different magistrate to immediately determine the applicants' application for bail.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISCELLANEOUS CRIMINAL APPLICATION NO. E165OF 2021
DAVID SITONIK ................................................................................... 1ST APPLICANT
BENARD KIPROTICH CHERONO .................................................. 2ND APPLICANT
VERSUS
DIRECTOR OF CRIMINAL INVESTIGATIONS ......................... 1ST RESPONDENT
DIRECTOR OF PUBLIC PROSECUTIONS ................................. 2ND RESPONDENT
RULING
I have considered this application dated 11. 5.2021 ex parte. I have also considered the affidavit in support of the same and the annexture attached. It appears to this court that the pending ruling has not been delivered by reason that the Hon. Magistrate who heard the application is unwell. The said Hon. Magistrate has not been sitting on the dates set for the ruling. The file can also not be traced from the court Registry.
I hold the view that this is purely an administrative matter that can best be solved by a more pro-active involvement of the Chief Magistrate and Head of Station, JKIA Law Courts. There is no doubt that this matter is urgent and that there is need to have the pending ruling delivered without delay since it relates to personal liberty of the applicants. To forestall any perceived delay in delivery of the pending ruling, I order as follows:-
1. THAT the Hon. Chief Magistrate, JKIA Law courts to ensure, through the station administrative channels, that the relevant file (MCCR/E031/2021) is immediately availed in court and the pending ruling read out.
2. THAT in the alternative, in case the trial magistrate (who is indisposed), has not written the ruling yet, the Hon. Chief Magistrate be at liberty to allocate the matter to a different magistrate to immediately determine the applicant’s application for bail.
3. THAT the Hon. Deputy Registrar of this court, do serve this order immediately on the Hon. Chief Magistrate, JKIA Law Courts for immediate action.
Orders accordingly.
D. O. OGEMBO
JUDGE
12. 5.2021.