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Joseph Maina Kariuki v. Republic

(2011) JELR 100663 (CA)

Court of Appeal  •  Criminal Appeal 53 & 105 of 2004  •  3 Feb 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya

Judgement

RULING OF THE COURT

This case has presented a situation which at the very least, we can describe as mysterious and a blatant subversion of justice by a person or persons yet to be identified. It is a situation which this same bench summarized in an earlier ruling in this matter in the following terms:

“The appellant then lodged a notice of appeal intending to appeal to this Court against the High Court’s dismissal of his first appeal. That is as far as the matter went. As it has now been established, the record of the trial magistrate and that of the High Court on first appeal have simply vanished into thin air and cannot be traced. The police file has also vanished in the same way. Nor can any record be traced in the office of the Hon. The Attorney General. In court the appellant told us that he had himself been supplied with the record of proceedings both in the Magistrate’s Court and in the High Court. That is understandable because the appellant had to conduct his first appeal in th…

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