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Justus Cheruiyot Chumba v. Republic

(2019) JELR 100413 (CA)

Court of Appeal  •  Criminal Application 1 of 2017  •  6 Dec 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

The applicant, Justus Cheruiyot Chumba, in this appeal is aggrieved by the decision of the High Court upholding the decision of the trial magistrates’ court which had convicted and sentenced him to death as mandatorily prescribed by law for the offence of robbery with violence contrary to section 296 (2) of the Penal Code.

The applicant’s appeal from the High Court’s decision has been pending before this Court for the last 12 years.

By a Notice of Motion dated 13th February 2017, the applicant sought the following orders, inter alia;

i. that the honourable court be pleased to declare that the pendency of the applicant’s second appeal for nine (9) years because of missing files of the trial court and the High Court is an infringement of his right to fair hearing within reasonable time;

ii. that this court declares that the confinement of the applicant in the circumstances amounts to torture and inhuman and degrading punishment hence illegal, unlawful and unconstitutional…

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