[2017] KEHC 4785 (KLR)
The court found that the applicant's motion was fatally defective as it failed to disclose the specific relief sought and was not brought in the proper form. The application should have been filed as a petition under Article 50 of the Constitution, specifically seeking reconsideration of the conviction based on new...
Source-derived case information.
- Citation
- [2017] KEHC 4785 (KLR)
- Parties
- Applicant: Michael Muriithi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 52 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Application
- Outcome
- No substantive orders granted; directions issued for clarification of records.
- Judges
- A Mabeya
- Legal Topics
- Fair Trial Rights, New Evidence, Criminal Appeal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Michael Muriithi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Application
Legal Issues
- 1 Whether the applicant's motion properly discloses the relief sought.
- 2 Whether the applicant is entitled to a reconsideration of his conviction based on alleged new evidence.
- 3 Whether the application should have been brought as a petition under Article 50 of the Constitution.
Ratio Decidendi
The court found that the applicant's motion was fatally defective as it failed to disclose the specific relief sought and was not brought in the proper form. The application should have been filed as a petition under Article 50 of the Constitution, specifically seeking reconsideration of the conviction based on new evidence. Furthermore, the court noted discrepancies in the record regarding the existence of the referenced High Court appeal. As a result, the court declined to grant any substantive orders on the application and directed the Deputy Registrar to confirm the correct records relating to the applicant's conviction and sentence before the next mention date.
Court Disposition
No substantive orders granted; directions issued for clarification of records.
Orders
- Deputy Registrar to confirm from the applicant and the Prisons authorities the correct records upon which the applicant was sentenced and jailed and report to the court before the next mention date.
- Matter to be mentioned on 12/10/2017.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL CASE NO. 52 OF 2014
MICHAEL MURIITHI …………………...…….. APPLICANT
VERSUS
REPUBLIC …………………………….……RESPONDENT
RULING
I have considered the application by the Applicant by way of a Motion on Notice filed on 18th November, 2014.
The Motion does not disclose what the Applicant is seeking. However, a close scrutiny of the Supporting Affidavit shows the following:-
(a) that the Applicant was convicted for attempted robbery with violence and sentenced under Section 296/2 in Meru CMCC No. 546/00. That two appeals arising therefrom, to wit, Meru High Court Criminal Appeal No.240 of 2007 and an appeal to the Court of Appeal atNyeri were dismissed.
(b) The Applicant claims that he was not accorded a fair trial under Article 50 (2) (6) B (sic) of the Constitution. That he has used compelling evidence. The application in my view is fatally defective and does not lie for the following reasons:-
(1) The application should have been by way of a Petition under Article 50 of the Constitution for the Petitioner to specifically seek that his case be reconsidered by virtue of new evidence he has. The present motion does not disclose what the Applicant is seeking.
(2) The new evidence allegedly available should be dislosed by way of sentenced under Section 296/2 in Meru CMCC No. 546/00. That two (2) Appeals, arising therefrom, to wit, Meru High Court Criminal Appeal No. 240 of 2007 and Nyeri Court of Appeal were dismissed.
When this Court called for the subject records, it transpird that the Criminal Appeals for this Court in 2007 reached 210. Therefore High Court Criminal Appeal No. 240/2007 does not exist.
Accordingly, the Deputy Registrar is directed to confirm from the Applicant and the Prisons authorities, the correct records upon which the Applicant was sentenced and jailed and report to this Court before the next mention date.
Mention on 12/10/2017.
DATED and DELIVERED at Meru this 22nd day of June, 2017.
A. MABEYA
JUDGE
22/06/2017