[2025] KEHC 9045 (KLR)
The court found that the applicant's inability to access the typed record and judgment in the lower court case impeded his right to appeal and constituted a violation of his fair trial rights under Article 50 of the Constitution. Recognizing that the supply of proceedings is a prerequisite for preparing an appeal,...
Source-derived case information.
- Citation
- [2025] KEHC 9045 (KLR)
- Parties
- Applicant: Peter Kipketer Sawe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Judgment Date
- 27 June 2025
- Case Number
- Miscellaneous Criminal Case E095 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time and Supply of Proceedings
- Outcome
- application allowed
- Judges
- RN Nyakundi
- Legal Topics
- Leave to Appeal Out of Time, Supply of Court Proceedings, Fair Trial Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kipketer Sawe
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time and Supply of Proceedings
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time.
- 2 Whether the applicant is entitled to be supplied with the court proceedings and judgment for purposes of appeal.
- 3 Whether the applicant's fair trial rights under Article 50 of the Constitution have been infringed.
Ratio Decidendi
The court found that the applicant's inability to access the typed record and judgment in the lower court case impeded his right to appeal and constituted a violation of his fair trial rights under Article 50 of the Constitution. Recognizing that the supply of proceedings is a prerequisite for preparing an appeal, the court directed the Deputy Registrar to ensure the applicant receives the case docket file within 21 days to enable him to prepare for his appeal. The court thus granted the orders sought to facilitate the applicant's right of appeal.
Court Disposition
application allowed
Orders
- The Deputy Registrar of the High Court is directed to ensure that within 21 days the applicant is supplied with the case docket file, including the typed record and judgment, to prepare for his appeal.
Full Case Text
Judgment text and source record
18 paragraphs
Sawe v Republic (Miscellaneous Criminal Case E095 of 2024) [2025] KEHC 9045 (KLR) (27 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9045 (KLR)
Republic of Kenya
In the High Court at Eldoret
Miscellaneous Criminal Case E095 of 2024
RN Nyakundi, J
June 27, 2025
Between
Peter Kipketer Sawe
Applicant
and
Republic
Respondent
Ruling
1. The applicant has approached this court seeking leave to appeal out of time and be supplied with a copy of the court proceedings for purposing of instituting an appeal. In support of the application, the applicant swore a supporting affidavit in which he deposed as follows:a.That I am a male Kenyan adult of sound mind and the appellant herein and as such conversant with the facts of the case and therefore competent to swear this affidavitb.That I was charged with the offence of defilement c/sec 8(1) as read with section (3) of the Sexual Offence Act no. 3 o 2006, and sentenced to 20 years’ imprisonmentc.That I was not supplied with court proceedings record leading to my appeal out of timed.That due to my earlier intention to appeal, I beg leave of this honorable court for an extension time to appeale.That I pray to be supplied with a copy of the court proceedings and its judgementf.That further grounds shall be adduced at the hearing of this appealg.That I wish to be present during the hearing and determination of this appeal out of timeh.That what I have deponed herein is true to the best of my knowledge and belief
Decision 2. Notably the applicant is seeking to be supplied with the typed record and judgement in criminal case No. 49 of 2019. This being one of the fair trial rights under Art. 50 of the constitution, the Deputy Registrar of the High court is hereby directed to ensure that within 21 days the applicant has received the case docket file to prepare for his appeal
3. Orders accordingly
SIGNED, DATE AND DELIVERED AT ELDORET THIS 27THDAY OF JUNE 2025…………………….……………..R. NYAKUNDI