[2014] KEHC 443 (KLR)
The High Court found that the trial magistrate erred in declining to allow Dr. Murimi to produce all relevant medical records, especially since there was no indication from the witness of inability to provide the evidence and no objection from the prosecution. The court held that the interests of justice required...
Source-derived case information.
- Citation
- [2014] KEHC 443 (KLR)
- Parties
- Applicant: Republic; Respondent: Samson Ndiritu Gichuki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 4 of 2014
- Procedural Posture
- Criminal Revision / Application for Revision of Interlocutory Ruling
- Outcome
- Ruling of the trial court revised; order substituted to allow production of all relevant medical records.
- Legal Topics
- Production of Medical Evidence, Revision of Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samson Ndiritu Gichuki
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Interlocutory Ruling
Legal Issues
- 1 Whether the trial court erred in declining to allow the production of all medical records relating to the complainant and accused.
- 2 Whether the revisionary court should substitute the trial court's order regarding medical evidence.
Ratio Decidendi
The High Court found that the trial magistrate erred in declining to allow Dr. Murimi to produce all relevant medical records, especially since there was no indication from the witness of inability to provide the evidence and no objection from the prosecution. The court held that the interests of justice required the production of all medical records from Endarasha Health Centre relating to both the complainant and the accused to support the findings in the P3 form. The court therefore revised the lower court's order and directed that Dr. Murimi be allowed to produce all such records at the next hearing.
Court Disposition
Ruling of the trial court revised; order substituted to allow production of all relevant medical records.
Orders
- Dr. Murimi is allowed to produce all medical records from Endarasha Health Centre relating to the accused and the complainant at the next hearing.
- No order is made regarding the visit to the locus in quo.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL REVISION CASE NO. 4 OF 2014
REPUBLIC …............................................................................PROSECUTOR
versus
SAMSON NDIRITU GICHUKI........................................................ ACCUSED
REVISION
By a letter dated 13th March 2014 this matter was placed before the court for revision of the ruling made by Hon. J. Aringo on 13th February 2014 in which he declined to allow Dr. Murimu to bring all the medical reports in respect of the complainant and the accused.
I have noted that the said witness did not indicate that he did not have the required medical evidence and neither did the prosecution object to the said application.
I would therefore revise the ruling of Hon. J. Ariongo on the production of medical records at Endarasha Health Centre and substitute the same with an order allowing Dr. Murimi to come with all the records from Endarasha in respect of the accused and the complainant to support the findings in the P3 form at the next hearing.
The issue of the visit to the locus in quo is at the discretion of the trial court and herein issue nor order as regards the same.
Dated at Nyeri this 8th day of April 2014.
J. WAKIAGA
JUDGE