Chumba v Republic (Criminal Appeal 113 of 2007) [2022] KECA 622 (KLR) (8 July 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 622
- Citation
- [2022] KECA 622 (KLR)
- Decided
- 8 July 2022
The Court of Appeal dismissed the appeal, directing the Deputy Registrars of both the High Court and the Court of Appeal to present a report on the missing records and to continue the appeal while the records are being searched for.
Facts
Justus Cheruiyot Chumba was convicted for robbery with violence in Kericho Principal Magistrate's Court in 2002 and sentenced to death. He appealed to the Kericho High Court, which dismissed his appeal. Chumba then appealed to the Court of Appeal, but the records of the appeal were missing.
Issues
- The pendency of the appeal for 15 years due to missing records
- The legality of the confinement of the appellant
- The right to fair hearing within a reasonable time
Reasoning
The Court acknowledged the appellant's claim of losing the records due to the passage of time and the searches conducted in prison, but found insufficient evidence to absolve him of blame. The Court ordered that all parties involved continue the search for the records.
Outcome
The appeal was dismissed, and the case remains pending.
Orders
- The Deputy Registrars of both the High Court and the Court of Appeal to present a report on the missing records
- The Criminal Appeal No. 113 of 2007 to be listed for hearing and disposal
- The record in Criminal Application No. Nyr 1 of 2017 to form part of the record in Criminal Appeal No. 113 of 2007 for ease of reference
- Both Deputy Registrars to comply strictly with the directions given in the Court's ruling of December 6, 2019
- The registry staff to ensure compliance with the directions above before the hearing of the appeal
Authorities cited
Cases cited (1)
- John Maina Kariuki vs Republic [2008] eKLR
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