[2019] KEHC 2410 (KLR)
The court found that the applicant had not justified why she was seeking enforcement of the Commission's order in respect of persons not subject to the matter before the court. The court was not satisfied with the lack of explanation regarding the connection between the requested information about third parties and...
Source-derived case information.
- Citation
- [2019] KEHC 2410 (KLR)
- Parties
- Applicant: Republic; Defendant: Naomi Nechesa; Defendant: Faith Kananu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2019
- Procedural Posture
- Criminal Case / Ruling on Chamber Summons for Enforcement of Access to Information Order
- Outcome
- partially allowed
- Judges
- FM Mutuku
- Legal Topics
- Murder Charge, Access to Information, Enforcement of Commission Orders, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Naomi Nechesa
Defendant
Faith Kananu
Defendant
Procedural Posture
Criminal Case / Ruling on Chamber Summons for Enforcement of Access to Information Order
Legal Issues
- 1 Whether the applicant is entitled to enforce the order of the Commission on Administrative Justice for access to information from the OCS Riruta Police Station.
- 2 Whether the applicant has justified the need to access information relating to persons not directly connected to the case before the court.
Ratio Decidendi
The court found that the applicant had not justified why she was seeking enforcement of the Commission's order in respect of persons not subject to the matter before the court. The court was not satisfied with the lack of explanation regarding the connection between the requested information about third parties and the present case. Consequently, the court granted leave only in respect of information relevant to the applicant (the 1st accused), specifically bullet (a) in the letter dated 2nd July 2019, and declined to grant leave for bullets (b), (c), and (d) relating to other individuals. The court emphasized the need for a clear justification when seeking access to information about...
Court Disposition
partially allowed
Orders
- Leave is granted to the applicant to enforce the order of the Commission on Administrative Justice in respect of access to information and records held by Riruta Police Station relevant to the 1st Accused Naomi Nechesa.
- Leave is declined in respect of information relating to other persons as set out in bullets (b), (c), and (d) of the letter dated 2nd July 2019.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 10 OF 2019
REPUBLIC............................................................................PROSECUTOR
VERSUS
NAOMI NECHESA................................................................1ST ACCUSED
FAITH KANANU...................................................................2ND ACCUSED
RULING
The two accused persons named above are jointly charged with the murder of Felix Ng’ang’a contrary to Section 203 as read with Section 204 of the Penal Code. The offence is alleged to have been committed on the 14th day of January 2019 at unknown time at Londiani within Kericho County. Each accused has pleaded not guilty to the charge.
This ruling relates to the Chamber Summons dated 25th July 2019 and filed on the same date. The Applicant is the 1st accused herein. The application is anchored on Section 23(5) of the Access to Information Act 2016. It seeks leave of this court to enforce the order issued by the Commission of Administrative Justice (The Commission) issued on 2nd July 2019. The grounds in support of the application are that the Commission issued an order against the Officer Commanding Riruta Police Station (OCS) who is the Respondent requiring him to supply information sought by the Applicant vide the letter dated 2nd July 2019; that the Respondent has failed to comply and has not appealed against that order and that it is in the interest of justice to grant the order sought.
Although the prosecution responded to the application by way of submissions, Mr. Michuki urged that this court to ignore those submissions because the application is ex parte. I have read Section 23(5) of Access to Information Act. I have confirmed that indeed an application of this nature is made ex parte.This court will therefore not consider the submissions by the prosecution counsel.
I have read the attachment to the supporting affidavit specifically the letter to the OCS Riruta Police Station dated 2nd July 2019. In the letter the information sought from the OCS include Occurrence Book (OB) extracts in respect of the complaint made by the Applicant. It also seeks OB extracts in respect of report made by one Simon Njuguna Githinji and OB extracts on the arrest and charging of Simon Njuguna Githinji and Erick Otieno as well as entries in respect of prisoners held in cells at the Riruta Police Station from 21st to 25th January 2019. The OCS Riruta did not act on this letter necessitating a complaint to the Commission on Administrative Justice. His response is that the applicant follows the laid down procedure by seeking an order of the court.
I have considered this application. I have noted that the applicant in the supporting affidavit and the submissions made in court has not justified why she is seeking orders of this court to enforce orders in respect of persons who are not subject to the matter before this court. I note that it was not explained why the applicant is seeking information in respect of these people or what connection there is between these people and this case. I find that I have problems in granting leave to enforce the order in respect of (b), (c) and (d) of the letter dated 2nd July 2019. For this reason I will grant leave to the applicant to enforce the order of the Commission in respect of the Applicant, which is bullet (a) in the letter dated 2nd July 2019. I decline to grant orders in respect of (b), (c) and (d) of the letter dated 2nd July 2019. For the avoidance of doubt this court hereby grants the Applicant leave to execute the order of the Commission on Administrative Justice in respect to access to information and records held by Riruta Police Station that are relevant to the 1st Accused Naomi Nechesa. Orders shall issue accordingly.
Dated, signed and delivered this 23rd September 2019.
S. N. Mutuku
Judge