REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MISCELLANEOUS CRIMINAL APP. NO. 94 OF 2018 JACKSON JUMA RUA..... PETITIONER VERSUS REPUBLIC.................... RESPONDENT Coram: Hon. Justice R. Nyakundi Petitioner in person Mr. Alenga for the respondent RULING This is an application by the applicant which he seeks an order grounded upon Article 22 (1) of the Constitution relating to the missing records of appeal. There is no sufficient material to show that the petitioner’s records are missing to elevate the claim to a constitutional infringement of his rights. It is important to state here that no evidence has been availed that prior to this petition the petitioner filed a notice of appeal against HCR No. 29 of 2013. The same is dismissed for lack of merit. DATED, SIGNED AND DELIVERED AT MALINDI THIS 17TH DAY OF SEPTEMBER, 2019 ............................ R. NYAKUNDI JUDGE
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