[2024] KEHC 432 (KLR)
The court held that the accused persons are entitled to access their medical records held by the prison authorities, as such information is necessary for the exercise and protection of their constitutional rights, particularly in relation to their application for bail on medical grounds. The court emphasized the...
Source-derived case information.
- Citation
- [2024] KEHC 432 (KLR)
- Parties
- Applicant: Republic; Defendant: Oltiti Ole Kilerai; Defendant: Topika Ole Kilerai
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2020
- Procedural Posture
- Criminal Case / Interlocutory Application for Discovery of Medical Records Pending Bail Determination
- Outcome
- Interlocutory order granted for discovery of medical records; bail ruling deferred.
- Judges
- F Gikonyo
- Legal Topics
- Bail Application, Discovery of Documents, Right to Information, Medical Grounds for Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Oltiti Ole Kilerai
Defendant
Topika Ole Kilerai
Defendant
Procedural Posture
Criminal Case / Interlocutory Application for Discovery of Medical Records Pending Bail Determination
Legal Issues
- 1 Whether the accused persons are entitled to access their medical records held by the prison authorities to support their bail application.
- 2 Whether the court should compel the prison authorities to provide medical reports to the court and parties for the purpose of determining the bail application.
Ratio Decidendi
The court held that the accused persons are entitled to access their medical records held by the prison authorities, as such information is necessary for the exercise and protection of their constitutional rights, particularly in relation to their application for bail on medical grounds. The court emphasized the constitutional philosophy that courts should take a path towards enforcement of rights and fundamental freedoms rather than curtailing them. Accordingly, the court ordered the relevant health personnel at Narok GK Prison to provide a medical report on the health status of each accused to the court and parties within 14 days, indicating the nature of any condition suffered and...
Court Disposition
Interlocutory order granted for discovery of medical records; bail ruling deferred.
Orders
- The relevant health personnel at Narok GK Prison shall provide a medical report on the health status of each accused to the court and parties within 14 days, indicating the nature of any condition suffered and whether it can be managed by the prison's established health protocols.
- The ruling on bail is arrested to await the medical reports and parties' submissions.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Kilerai & another (Criminal Case 2 of 2020) [2024] KEHC 432 (KLR) (23 January 2024) (Ruling)
Neutral citation: [2024] KEHC 432 (KLR)
Republic of Kenya
In the High Court at Narok
Criminal Case 2 of 2020
F Gikonyo, J
January 23, 2024
Between
Republic
Prosecutor
and
Oltiti Ole Kilerai
1st Accused
Topika Ole Kilerai
2nd Accused
Ruling
1. The accused persons are facing a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Both counsel for the accused persons filed two separate applications on 21/06/2023. The said applications are premised on articles 49(1) (h), 20, 21,22,23,24,25,27,28, and 29 of the Constitution of Kenya and supported by the supporting affidavits of the applicants herein.
3. The prosecution opposed the release of the accused persons herein on bail.
4. But, the court noted that both applications sought for orders to compel the in charge at Narok GK prison to supply to this court the treatment notes and medical report for the accused person to aid the hearing and determination of the bond application herein.
5. This request is not strange as it is in the nature of discovery of documents and information held by the GK Prison, Narok which is required for the exercise or protection of a right or fundamental freedom (Access to information, article 35 of the Constitution). The specific order sought by the applicants is for the prison to provide the court as well as the applicants with treatment notes and medical report on their health which is being held by them to enable the applicants secure release on bond on, inter alia, medical grounds.
6. The constitutional philosophy is that, courts should always take a path towards enforcement of a right and fundamental freedom rather than one which curtails it. This information is relevant factor in these applications (article 20, 21, 22 and 23 of the Constitution). Accordingly, the relevant personnel of health for G.K Prison Narok, to provide a medical report on the health status of each of the accused to the court and parties within 14 days of today, indicating the nature of any condition they suffer and whether it is capable of being handled through the established health protocols by the prison authorities. Meanwhile, the court arrests the ruling on bail to await the report called for and parties’ submissions thereto.
7. Orders accordingly,
DATED, SIGNED, AND DELIVERED AT NAROK THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 23RD DAY OF JANUARY, 2024. …………………………………..….HON. F. GIKONYO M.JUDGEIn the presence of: -1. C/A Otolo2. Ms. Rakama for ODPP3. Tanyasis for 1st accused4. Langat for 2nd accused