[2022] KEHC 3079 (KLR)
The court held that since the applicant's trial had already been finalized, with conviction and sentencing having taken place, the application to have the trial conducted by another magistrate was rendered nugatory and had been overtaken by events. The court found that it could not grant the relief sought because...
Source-derived case information.
- Citation
- [2022] KEHC 3079 (KLR)
- Parties
- Applicant: Peter Lodinyo Kingetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 54 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application dismissed as overtaken by events; file closed.
- Judges
- WM Musyoka
- Legal Topics
- Change of Trial Magistrate, Finality of Trial, Criminal Procedure, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Lodinyo Kingetich
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application to have the trial conducted by another magistrate could be entertained after the trial had already been concluded.
- 2 Whether the application dated 15th June 2017 had been overtaken by events due to the applicant's conviction and sentencing.
Ratio Decidendi
The court held that since the applicant's trial had already been finalized, with conviction and sentencing having taken place, the application to have the trial conducted by another magistrate was rendered nugatory and had been overtaken by events. The court found that it could not grant the relief sought because the subject matter of the application no longer existed. Consequently, the application was dismissed and the file ordered closed.
Court Disposition
Application dismissed as overtaken by events; file closed.
Orders
- The application dated 15th June 2017 is dismissed as overtaken by events.
- The file is ordered closed.
Full Case Text
Judgment text and source record
18 paragraphs
Kingetich v Republic (Miscellaneous Criminal Application 54 of 2017) [2022] KEHC 3079 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 3079 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application 54 of 2017
WM Musyoka, J
June 24, 2022
Between
Peter Lodinyo Kingetich
Applicant
and
Republic
Respondent
Ruling
1. The trial court records have finally been availed, after my orders of 20th December 2021.
2. Unfortunately, the trial that the applicant was seeking to have conducted by another magistrate had been finalized by then. He was convicted and sentenced. The result is that the application before me, dated 15th June 2017, has, unfortunately and sadly, been overtaken by events. The file shall have to be closed.
3. Copies of this ruling to be availed to the applicant and the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24TH DAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Peter Lodinyo Kingetich, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.