[2019] KEHC 3151 (KLR)
The court declined to determine the application for revision because the order sought to be revised, dated 27th September 2018, was not on record. The absence of the order prevents the court from exercising its supervisory jurisdiction, as making any contrary orders without the relevant record could embarrass the...
Source-derived case information.
- Citation
- [2019] KEHC 3151 (KLR)
- Parties
- Applicant: Republic; Appellant: Johnson Kobia M’Impwi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 333 of 2018
- Procedural Posture
- Criminal Review / Interlocutory Ruling on Application for Revision
- Outcome
- Application deferred pending filing of certified copy of the order.
- Judges
- F Gikonyo, A Mabeya
- Legal Topics
- Supervisory Jurisdiction, Revision of Orders, Disclosure of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Johnson Kobia M’Impwi
Appellant
Procedural Posture
Criminal Review / Interlocutory Ruling on Application for Revision
Legal Issues
- 1 Whether the court can revise or set aside the order of 27th September 2018 in the absence of the said order on record.
- 2 Whether the applicant is entitled to be supplied with critical documents in the custody of the investigations officer to prepare and challenge evidence.
Ratio Decidendi
The court declined to determine the application for revision because the order sought to be revised, dated 27th September 2018, was not on record. The absence of the order prevents the court from exercising its supervisory jurisdiction, as making any contrary orders without the relevant record could embarrass the court and undermine proper judicial process. The court directed the applicant to file a certified copy of the order within 14 days, after which the application for revision would be considered.
Court Disposition
Application deferred pending filing of certified copy of the order.
Orders
- The applicant is directed to file within 14 days a certified copy of the order made on 27th September 2018.
- Upon filing of the said order, the court will consider and determine the revision application.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL REVIEW NO. 333 OF 2018
REPUBLIC.....................................................................APPLICANT
VERSUS
JOHNSON KOBIA M’IMPWI....................................APPELLANT
RULING
Partial Ruling
1. I have before me a notice of motion dated 28th September 2018 which is expressed be brought under Article 25(c), 50 (2) (b-h) of the constitution, Section 211 of the CPC and all other enabling legal provisions and international conventions. The applicant seeks the court to revise/review and set aside orders issued on 27th September 2018 rejecting the appellants application to be supplied with critical documents in the custody of the investigations officer to be able to prepare and challenge evidence adduced in the lower court and direct that they are released.
2. The application invokes the supervisory jurisdiction of the court. And at the heart of the application is an order made on 27th September, 2018. However, I note that the order made on 27th September 2018 is not on record. I also note that Mabeya J on 5th November 2018 stated thus;
“…. I further note that the order of 27th November 2018 is not before this court. Making any contrary orders may lead to embarrassment of the court as there is no averment on record why that record is not here. It may not be existing.”
3. I find myself in the same dilemma. Nonetheless, I direct the Applicant to file within 14 days a certified copy of the order made on 27th November 2018. Upon filing of the said order, I will consider and determine the revision application herein. .
Dated at Meru this 5th day of October 2019
.........................
F. GIKONYO
JUDGE
Dated and delivered at Meru in open court this 7th day of October 2019
......................
A. MABEYA
JUDGE