[2019] KEHC 4180 (KLR)
The court determined that it could not proceed with the revision or issue substantive directions until it received a comprehensive affidavit from the trial magistrate explaining the circumstances under which part of the testimony of PW1 went missing. The absence of this evidence was deemed to have resulted in a...
Source-derived case information.
- Citation
- [2019] KEHC 4180 (KLR)
- Parties
- Appellant: Republic; Respondent: Peter Mwangi Wangombe
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 22 of 2019
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Order for further information before substantive directions.
- Legal Topics
- Mistrial, Missing Evidence, Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Peter Mwangi Wangombe
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the missing testimony of PW1 constitutes a mistrial.
- 2 What directions should be given when part of the evidence is missing from the record.
Ratio Decidendi
The court determined that it could not proceed with the revision or issue substantive directions until it received a comprehensive affidavit from the trial magistrate explaining the circumstances under which part of the testimony of PW1 went missing. The absence of this evidence was deemed to have resulted in a mistrial, and the court required further clarification before making any further orders.
Court Disposition
Order for further information before substantive directions.
Orders
- The trial magistrate is directed to prepare a comprehensive affidavit explaining the circumstances under which part of the testimony of PW1 went missing.
- The matter may be placed before the court for further directions after the affidavit is filed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CRIMINAL REVISION NO. 22 OF 2019
REPUBLIC .............................................APPELLANT
VERSUS
PETER MWANGI WANGOMBE.....RESPONDENT
ORDER ON REVISION
1. The above matter has been referred to this court for directions. The Trial magistrate (Hon. T. Gesora, SPM) made an order in the following terms:
“It is hereby ordered; -
1. That as I sat to consider the evidence and render judgement, I realized that part of the testimony of PW 1 is missing. It is therefore not possible for me to complete the judgement.
2. That the matter be place before Hon. Judge for directions as this is clearly a mistrial. Mention on 2/10/2019”
2. In order to enable this court to proceed further, it is hereby directed that the trial magistrate prepares a comprehensive affidavit to explain the circumstances under which part of the testimony of PW 1 went missing.
3. Thereafter, this matter may be placed before the court for further directions.
4. Order on revision made, signed and dated at Narok this 18th day of September, 2019.
J.M. Bwonwonga
Judge
18/9/2019