Case ID:163212

Geoffrey Kipkemoi Kemei v Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Revision 255 of 2018

Parties:

Geoffrey Kipkemoi Kemei v Republic

Date Delivered:

02 Sep 2020

Case Class:

Criminal

Court:

High Court at Nakuru

Case Action:

Ruling

Judge(s):

Teresia Mumbua Matheka

Citation:

Geoffrey Kipkemoi Kemei v Republic [2020] eKLR

Advocates:

For state: Ms. Kibiriu

Court Division:

Criminal

County:

Nakuru

Advocates:

For state: Ms. Kibiriu

History Advocates:

One party or some parties represented

Case Outcome:

Revision ordered

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL REVISION 255 OF 2018

GEOFFREY KIPKEMOI KEMEI...............................................APPLICANT

VERSUS

REPUBLIC ................................................................................RESPONDENT

R U L I N G

The applicant filed his Notice of Motion on 6

th

December, 2018 seeking the order that

“This Honourable Court be pleased to determine my application for rehearing of the sentence imposed against me.”

On 29

th

April, 2020, the matter was placed before me for directions.

Noting that the applicant was relying on

Francis Karioko Muruatetu and Another v Republic

[2017] eKLR,

I gave directions that the court file in

High Court Criminal Case Number 7 of 2007

or proceedings be availed.

To date that file has not been produced or availed.

I went looking for the same at

eKLR

.

I found that the applicant was charged together with Moses Kipkorir Too and Charles Kipkoech Korir in

Kericho High Court Criminal Case Number 7 of 2000

with

Murder Contrary to Section 203 as read with 204 of the Penal Code.

The Court (

Muga Apondi J

) found them guilty as charged, convicted and sentenced them to death.

The judgment on appeal is reported as

Moses Kipkorir Too & 2 Others v Republic

[2013] eKLR.

The applicant is held at Kericho G.K. Prison. The matter has been mentioned severally for the original file to be brought but to no avail.

The appeal decision was rendered by the Court of Appeal sitting at Nakuru on 12

th

April, 2013, upholding the sentence of death.

I have searched the High Court decision online, in vain and it appears to me that it was not reported. The file may have been returned to Kericho.

It is for this reason and for the reason that the matter was heard by the judge sitting at Kericho, that I direct that;

1. The applicant’s application be transferred to the High Court of Kenya at Kericho for hearing.

2. The matter be placed before the Deputy Registrar Kericho on 17

th

of September 2020 for directions for the file to be placed before the Judge.

3. The Deputy Registrar to avail the High Court Criminal Case File Number 7 of 2003 to the Judge.

4. The proceedings in this file from 18

th

May 2020 to 18

th

July 2020 be expunged from the file.

5. The Deputy Registrar, Nakuru to ensure the order is complied with.

Dated at Nakuru this 8

th

day of August, 2020.

Delivered and Signed at Nakuru this 2

nd

September, 2020.

In the presence of: VIA ZOOM

Court Assistant Edna

For state: Ms. Kibiriu

Mumbua T. Matheka

Judge

2

nd

September, 2020.

Applicant present: I have my High Court Judgment

Court: The applicant to send it through the Prison Authorities to the Court Assistant for placing in his file to be transmitted to Kericho.

Mumbua T. Matheka

Judge

2

nd

September, 2020.