[2020] KEHC 1977 (KLR)
The court found that the application before it was solely for the supply of copies of proceedings and judgment from both the trial court and the appellate court, not for re-sentencing. The court clarified that, despite the mistaken belief under which the matter had proceeded at some point, it could only grant the...
Source-derived case information.
- Citation
- [2020] KEHC 1977 (KLR)
- Parties
- Applicant: Hillary Sindichi Chikunzia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 79 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Supply of Proceedings and Judgment
- Outcome
- application allowed
- Judges
- CM Njagi
- Legal Topics
- Right to Fair Trial, Access to Court Records, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hillary Sindichi Chikunzia
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Supply of Proceedings and Judgment
Legal Issues
- 1 Whether the applicant is entitled to be supplied with copies of proceedings and judgment from the trial and appellate courts to enable him lodge an appeal.
- 2 Whether the application before the court was properly characterized as one for re-sentencing.
Ratio Decidendi
The court found that the application before it was solely for the supply of copies of proceedings and judgment from both the trial court and the appellate court, not for re-sentencing. The court clarified that, despite the mistaken belief under which the matter had proceeded at some point, it could only grant the orders specifically sought in the application dated 29th August 2017. The applicant is entitled to be supplied with the requested documents to facilitate his intended appeal, in accordance with the right to a fair trial and access to justice as provided under the Constitution.
Court Disposition
application allowed
Orders
- The Deputy Registrar is ordered to supply the applicant with the documents sought in his application dated 29/8/2017.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISC. CRIMINAL APPLICATION NO. 79 OF 2017
HILLARY SINDICHI CHIKUNZIA ......... APPLICANT
VERSUS
REPUBLIC ................................................RESPONDENT
RULING
1. The applicant has filed an application dated 29th August, 2017 seeking for orders that he be served with a copy of the trial proceedings in Vihiga Senior Principal Magistrate’s Court Criminal Case No. 27 of 2012 and the records of appeal in Kakamega HCCRA. No. 188 of 2013 so as to enable him lodge an appeal with the Court of Appeal, Kisumu.
2. The application was filed by the applicant in person. Later on Mr. Malalah, Advocate, came in record for him. The matter henceforth proceeded as if the application before the court was one for re-sentencing for the offence of robbery with violence. Mr. Malalah filed mitigation for the applicant and a probation officer submitted a pre-sentencing report.
3. From the foregoing, it is clear that the application before the court is for the applicant to be supplied with copies of proceedings and judgment of both the trial at the lower court and the appeal at Kakamega High Court. The application proceeded on the mistaken belief that it was one for re-sentencing which it never was. I can only grant the applicant the orders sought in the application dated 29/8/2017.
4. In the premises, I do order the court’s Deputy Registrar to supply the applicant with the documents sought in his application dated 29/8/2019.
Delivered, dated and signed at Kakamega this 15th day of October, 2020.
J. NYAGA NJAGI
JUDGE
In the presence of:
No appearance for Applicant
Mr. Mutua for respondent
Applicant – present through video link to G.K. Prison, Kakamega
Court Assistant - Polycap