[2024] KEHC 4 (KLR)
The court held that in the absence of the original trial record, it could not consider or determine the grievances raised by the applicant regarding his conviction and sentence. The Deputy Registrar had been directed to avail the record, but since it was not available, the court found itself unable to second guess...
Source-derived case information.
- Citation
- [2024] KEHC 4 (KLR)
- Parties
- Applicant: Eliud Kipchirchir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 61 of 2016
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application marked as formally closed due to unavailability of the trial record.
- Judges
- RN Nyakundi
- Legal Topics
- Appeal Record Availability, Conviction and Sentence, Trial Court Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Kipchirchir
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to the trial record to enable filing of an appeal against conviction and sentence.
- 2 Whether the court can consider the application in the absence of the original trial record.
Ratio Decidendi
The court held that in the absence of the original trial record, it could not consider or determine the grievances raised by the applicant regarding his conviction and sentence. The Deputy Registrar had been directed to avail the record, but since it was not available, the court found itself unable to second guess or review the trial court's impugned judgment. Consequently, the application could not proceed and the file was marked as formally closed.
Court Disposition
Application marked as formally closed due to unavailability of the trial record.
Orders
- Miscellaneous Criminal Application No. 61 of 2016 is marked as formally closed.
Full Case Text
Judgment text and source record
17 paragraphs
Kipchirchir v Republic (Miscellaneous Criminal Application 61 of 2016) [2024] KEHC 4 (KLR) (11 January 2024) (Ruling)
Neutral citation: [2024] KEHC 4 (KLR)
Republic of Kenya
In the High Court at Eldoret
Miscellaneous Criminal Application 61 of 2016
RN Nyakundi, J
January 11, 2024
Between
Eliud Kipchirchir
Applicant
and
Republic
Respondent
Ruling
Coram:Before Justice R. NyakundiMr. Mugun for the State 1. The petitioner on May 20, 2016 filed Chamber Summons on May 20, 2016 allegedly raising grievances on non-availability of the trial record to capacitate him to file an appeal on conviction and sentence arising out of Cr. Case No. 278/2010. The court directed the Deputy Registrar to avail the original record to facilitate considerations of the issues raised in the chamber summons. In absence of the record, it is noted the court has no opportunity to second guess the trial court impugned judgement.
2. In light of the above, the Misc. File No. 61 of 2016 be marked as formally closed.
DATED, SIGNED AND DELIVERED AT ELDORET THIS 11TH DAY OF JANUARY 2024. R. NYAKUNDIJUDGE