[2018] KEHC 9855 (KLR)
The court held that denying the accused certified typed proceedings would violate the constitutional right to a fair trial by depriving the accused of sufficient facilities to prepare a defence. The court found that the application was merited and that the trial court's order to provide handwritten proceedings was...
Source-derived case information.
- Citation
- [2018] KEHC 9855 (KLR)
- Parties
- Applicant: Willy Kihara Njoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 910 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Provision of Typed Proceedings
- Outcome
- application allowed
- Legal Topics
- Right to Fair Trial, Access to Court Records
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Willy Kihara Njoki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Provision of Typed Proceedings
Legal Issues
- 1 Whether denial of typed proceedings to the accused violates the constitutional right to a fair trial.
- 2 Whether the trial court's order to provide handwritten proceedings instead of typed proceedings was proper.
Ratio Decidendi
The court held that denying the accused certified typed proceedings would violate the constitutional right to a fair trial by depriving the accused of sufficient facilities to prepare a defence. The court found that the application was merited and that the trial court's order to provide handwritten proceedings was improper. The court substituted the order with a directive that the accused be furnished with certified typed proceedings on a priority basis, and that the trial court should set and fast-track the period for typing the proceedings.
Court Disposition
application allowed
Orders
- The application is allowed.
- The order of Hon. Ooko, P.M issued on 15/11/2018 is set aside.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CR. REVISION NO. 910 OF 2018
WILLY KIHARA NJOKI...........................REPUBLIC
VERSUS
REPUBLIC...........................................RESPONDENT
RULING
1. In a revision application, a High Court would ordinarily call for the magistrate’s court file for perusal. But this is an application in which facts are not opposed by any party.
2. In my view too, the calling of the trial court file will further derail the course of an expedient disposal of the trial. At the same time, a party cannot be compelled to proceed with a matter in which it is unable to read the proceedings.
3. In as much as the trial is old, a denial of typed proceedings is tantamount to a violation of a Constitutional right to an accused by failing to provide him/her with sufficient facilities required to enable him to prepare to conduct his/her defence.
4. In this regard, this is an application that is merited. What the trial court should do is to fast-track the hearing of the proceedings.
5. Accordingly, I allow the application. I set aside the order of Hon. Ooko, P.M issued on 15/11/2018 ordering that the 2nd accused in Cr. Case No. 429 of 2011 be furnished with hand written proceedings. I substitute it with an order that the 2nd accused be furnished with certified copies of the typed proceedings in the case. The proceedings shall be typed on a priority basis. The trial court shall set the period within which the typing shall be done and fast track the same through mentioning the matter.
6. This ruling be served on the trial court for compliance.
Dated and delivered at Nairobi This 11th Day of December, 2018.
G.W.NGENYE-MACHARIA
JUDGE
In the presence of;
1. Ruiru for the Applicant
2. M/s Atina for the Respondent.