[2020] KEHC 3365 (KLR)
The court determined that, since the original High Court Criminal Case file was not available in Nakuru and the matter was initially heard and determined in Kericho, the application for rehearing of sentence should be transferred to the High Court at Kericho. This would facilitate access to the original file and...
Source-derived case information.
- Citation
- [2020] KEHC 3365 (KLR)
- Parties
- Applicant: Geoffrey Kipkemoi Kemei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 255 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Transfer and Directions
- Outcome
- Application transferred to the High Court at Kericho for hearing; directions issued for file management and expungement of certain proceedings.
- Judges
- NA Matheka
- Legal Topics
- Murder Sentence, Criminal Revision, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Geoffrey Kipkemoi Kemei
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Transfer and Directions
Legal Issues
- 1 Whether the application for rehearing of sentence should be determined by the Nakuru High Court or transferred to the High Court at Kericho.
- 2 Whether the original High Court Criminal Case file should be availed for proper determination of the application.
Ratio Decidendi
The court determined that, since the original High Court Criminal Case file was not available in Nakuru and the matter was initially heard and determined in Kericho, the application for rehearing of sentence should be transferred to the High Court at Kericho. This would facilitate access to the original file and ensure proper consideration of the application, especially in light of the applicant's reliance on the Muruatetu decision regarding the constitutionality of mandatory death sentences. The court also directed that the relevant file and proceedings be availed to the judge at Kericho for appropriate directions and expunged certain proceedings from the Nakuru file to maintain...
Court Disposition
Application transferred to the High Court at Kericho for hearing; directions issued for file management and expungement of certain proceedings.
Orders
- The applicant’s application is transferred to the High Court of Kenya at Kericho for hearing.
- The matter is to be placed before the Deputy Registrar Kericho on 17th September 2020 for directions for the file to be placed before the Judge.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL REVISION 255 OF 2018
GEOFFREY KIPKEMOI KEMEI...............................................APPLICANT
VERSUS
REPUBLIC ................................................................................RESPONDENT
R U L I N G
The applicant filed his Notice of Motion on 6th December, 2018 seeking the order that “This Honourable Court be pleased to determine my application for rehearing of the sentence imposed against me.”
On 29th April, 2020, the matter was placed before me for directions.
Noting that the applicant was relying on Francis Karioko Muruatetu and Another v Republic [2017] eKLR, I gave directions that the court file in High Court Criminal Case Number 7 of 2007 or proceedings be availed.
To date that file has not been produced or availed.
I went looking for the same at eKLR.
I found that the applicant was charged together with Moses Kipkorir Too and Charles Kipkoech Korir in Kericho High Court Criminal Case Number 7 of 2000 with Murder Contrary to Section 203 as read with 204 of the Penal Code. The Court (Muga Apondi J) found them guilty as charged, convicted and sentenced them to death.
The judgment on appeal is reported as Moses Kipkorir Too & 2 Others v Republic [2013] eKLR. The applicant is held at Kericho G.K. Prison. The matter has been mentioned severally for the original file to be brought but to no avail.
The appeal decision was rendered by the Court of Appeal sitting at Nakuru on 12th April, 2013, upholding the sentence of death.
I have searched the High Court decision online, in vain and it appears to me that it was not reported. The file may have been returned to Kericho.
It is for this reason and for the reason that the matter was heard by the judge sitting at Kericho, that I direct that;
1. The applicant’s application be transferred to the High Court of Kenya at Kericho for hearing.
2. The matter be placed before the Deputy Registrar Kericho on 17th of September 2020 for directions for the file to be placed before the Judge.
3. The Deputy Registrar to avail the High Court Criminal Case File Number 7 of 2003 to the Judge.
4. The proceedings in this file from 18th May 2020 to 18th July 2020 be expunged from the file.
5. The Deputy Registrar, Nakuru to ensure the order is complied with.
Dated at Nakuru this 8th day of August, 2020.
Delivered and Signed at Nakuru this 2nd September, 2020.
In the presence of: VIA ZOOM
Court Assistant Edna
For state: Ms. Kibiriu
Mumbua T. Matheka
Judge
2nd September, 2020.
Applicant present: I have my High Court Judgment
Court: The applicant to send it through the Prison Authorities to the Court Assistant for placing in his file to be transmitted to Kericho.
Mumbua T. Matheka
Judge
2nd September, 2020.