[2022] KEHC 16933 (KLR)
The court found that it was unable to determine the criminal revision application because the file for Butali SPMCCRC No 342 of 2020 was not availed, despite a previous order requiring its production. The absence of the complete record made it impossible for the court to consider the merits of the application. The...
Source-derived case information.
- Citation
- [2022] KEHC 16933 (KLR)
- Parties
- Applicant: Michael Serengo; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application deferred pending compliance with order to avail missing file.
- Judges
- WM Musyoka
- Legal Topics
- Criminal Revision Procedure, Case File Availability, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Serengo
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court can determine the criminal revision application in the absence of the complete trial court record.
- 2 Whether there has been compliance with the court's previous order to avail the missing file.
Ratio Decidendi
The court found that it was unable to determine the criminal revision application because the file for Butali SPMCCRC No 342 of 2020 was not availed, despite a previous order requiring its production. The absence of the complete record made it impossible for the court to consider the merits of the application. The court therefore directed the Deputy Registrar to call for the missing file and deferred substantive determination until compliance with its earlier order.
Court Disposition
Application deferred pending compliance with order to avail missing file.
Orders
- The Deputy Registrar is directed to call for the file in Butali SPMCCRC No 342 of 2020.
- A date for mention shall be allocated at the delivery of this ruling for compliance.
Full Case Text
Judgment text and source record
18 paragraphs
Serengo v Director of Public Prosecutions (Criminal Revision E018 of 2021) [2022] KEHC 16933 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16933 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E018 of 2021
WM Musyoka, J
December 23, 2022
Between
Michael Serengo
Applicant
and
Director of Public Prosecutions
Respondent
Ruling
1. The criminal revision application herein relates to 2 criminal convictions in Butali SPMCCRC Nos 342 and 422 of 2020. Only 1 file was availed, Butali SPMCCRC No 422 of 2020. The file in Butali SPMCCRC No 342 of 2020 was not availed. Am unable to determine the matter in the circumstances.
2. The order made on January 31, 2022 has never been complied with. The Deputy Registrar is hereby directed to call for the file in Butali SPMCCRC No 342 of 2020.
3. A date for mention shall be allocated at the delivery of this ruling for compliance.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS ……........23rd..............… DAY OF ……December........…………. 2022W M MUSYOKAJUDGEMr Erick Zalo, Court Assistant.Michael Serengo, the applicant.Ms Kagai, instructed by the Director for Public Prosecutions, for the Respondent.