[2019] KEHC 6 (KLR)
The court found that there was no sufficient material or evidence to show that the petitioner's records of appeal were missing. Without such evidence, the claim could not be elevated to a constitutional infringement of rights. The court also noted that there was no evidence that the petitioner had filed a notice of...
Source-derived case information.
- Citation
- [2019] KEHC 6 (KLR)
- Parties
- Applicant: Jackson Juma Rua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 94 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- DB Nyakundi
- Legal Topics
- Constitutional Rights, Missing Records, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Juma Rua
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the alleged missing records of appeal amount to a constitutional infringement of the petitioner's rights.
- 2 Whether there is sufficient evidence to support the claim that the records are missing.
Ratio Decidendi
The court found that there was no sufficient material or evidence to show that the petitioner's records of appeal were missing. Without such evidence, the claim could not be elevated to a constitutional infringement of rights. The court also noted that there was no evidence that the petitioner had filed a notice of appeal against HCR No. 29 of 2013 prior to this petition. Consequently, the application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of merit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
MISCELLANEOUS CRIMINAL APP. NO. 94 OF 2018
JACKSON JUMA RUA..... PETITIONER
VERSUS
REPUBLIC.................... RESPONDENT
Coram: Hon. Justice R. Nyakundi
Petitioner in person
Mr. Alenga for the respondent
RULING
This is an application by the applicant which he seeks an order grounded upon Article 22 (1) of the Constitution relating to the missing records of appeal.
There is no sufficient material to show that the petitioner’s records are missing to elevate the claim to a constitutional infringement of his rights.
It is important to state here that no evidence has been availed that prior to this petition the petitioner filed a notice of appeal against HCR No. 29 of 2013. The same is dismissed for lack of merit.
DATED, SIGNED AND DELIVERED AT MALINDI THIS 17TH DAY OF SEPTEMBER, 2019
............................
R. NYAKUNDI
JUDGE