[2021] KEHC 800 (KLR)
The High Court reaffirmed its supervisory jurisdiction over subordinate courts under Article 165(6)(7) of the Constitution. The court noted that despite repeated orders and correspondence, the subordinate court in Mumias had failed to comply with directions to provide the original file for Mumias SPMCCRC No. 1074 of...
Source-derived case information.
- Citation
- [2021] KEHC 800 (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 on Directions and Compliance With Previous Orders
- Outcome
- Directions issued for compliance with previous orders; matter to be mentioned after compliance.
- Judges
- DN Musyoka
- Legal Topics
- Supervisory Jurisdiction, Stay of Proceedings, Transfer of Case, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Lodinyo Kingetich
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Directions and Compliance With Previous Orders
Legal Issues
- 1 Whether the High Court can enforce compliance with its orders to subordinate courts under Article 165(6)(7) of the Constitution.
- 2 Whether the applicant is entitled to a stay of proceedings and transfer of his criminal case pending before the subordinate court.
Ratio Decidendi
The High Court reaffirmed its supervisory jurisdiction over subordinate courts under Article 165(6)(7) of the Constitution. The court noted that despite repeated orders and correspondence, the subordinate court in Mumias had failed to comply with directions to provide the original file for Mumias SPMCCRC No. 1074 of 2016. The court found this non-compliance to be a serious dereliction of duty and an embarrassment to the judicial system, emphasizing that courts must obey orders from superior courts. The court directed the Deputy Registrar to take immediate steps to retrieve the file and ensure compliance with previous orders, highlighting the importance of adherence to judicial hierarchy...
Court Disposition
Directions issued for compliance with previous orders; matter to be mentioned after compliance.
Orders
- The Deputy Registrar shall dispatch a runner to the Mumias law courts to retrieve the file in Mumias SPMCCRC No. 1074 of 2016.
- The Deputy Registrar shall avail copies of this ruling and previous orders to the applicant and the office of Director of Public Prosecutions, Kakamega.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. 54 OF 2017
PETER LODINYO KINGETICH .........................................................................APPLICANT
VERSUS
REPUBLIC..........................................................................................................RESPONDENT
RULING
1. This matter was placed before me for the purpose of giving directions, in view of the recent decision by the Supreme Court in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others(Amicus Curiae[2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ), with respect to mandatory sentences, where it was clarified that the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), had arisen from proceedings relating to murder, under section 204 of the Penal Code, Cap 63, Laws of Kenya, and the position stated in the said decision was intended to apply only to mandatory sentences with respect to murder cases.
2. The Motion herein, dated 15th June 2017, was filed herein on even date, and it is not founded on the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the applicant does not seek review of his sentence, but stay of proceedings that were or are pending before the court in Mumias SPMCCRC No. 1074 of 2016, and transfer of that matter to another court.
3. Orders were made herein, on 16th June 2017 and 24th June 2019, calling for the records in Mumias SPMCCRC No. 1074 of 2016. There is mandate under the Constitution, under Article 165(6)(7), for the High Court to call for records of the subordinate courts that it supervises. Those orders have never been complied with, despite the Deputy Registrar writing to the subordinate court on 19th June 2017, 31st July 2018, 26th July 2019, 26th September 2019, 26th April 2021 and 7th June 2021. I do not see the original file in Mumias SPMCCRC No. 1074 of 2016. The Deputy Registrar should forthwith dispatch a runner to the Mumias law courts for retrieval of the file in Mumias SPMCCRC No. 1074 of 2016. It is very embarrassing when it appears that courts do not obey orders directed to them by courts superior to them in hierarchy, yet they expect those outside the court system to obey orders directed to them. I am unable to exercise my mandate, under Article 165(6)(7) of the Constitution, as it appears that there is either unwillingness to avail files that I have called for or sheer dereliction of duty.
4. For avoidance of doubt, Article 165(6)(7) of the Constitution states as follows:
“(6)The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court.
(7) For the purposes of clause (6), the High Court may call for the record of any proceedings before any subordinate court or person, body or authority referred to in clause (6), and may make any order or give any direction it considers appropriate to ensure the fair administration of justice.”
5. The Deputy Registrar shall cause copies this ruling to be availed to the applicant and the office of Director of Public Prosecutions, Kakamega. The Deputy Registrar shall also extract the orders of 16th June 2017 and 24th June 2019, and avail them to the Judicial Officer in charge of the Mumias law courts, together with a copy of this ruling and copies of all the letters written to that court calling for the original records. A mention day shall be allocated at the earliest to confirm compliance.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 20TH DAY OF DECEMBER 2021.
W MUSYOKA
JUDGE