Taking into account the allegations made by the applicants through the 1st Applicant, this court notes, that the issue touches on the right to a fair trial as provided for under Article. 50 of the Constitution of Kenya.
The Right to a fair trial cannot be limited by didn’t of Article 25 of the Constitution.
This court on 9th October 2024 called for the lower court file and that has not been availed todate.
It is not clear to me why the order granted by this court on 9th October 2024 was not complied with by the Registry.
In the circumstances this court is unable to deal with the application in the absence of the lower court file. It is therefore my finding that since the applicants cannot be blamed for the file not being brought upto this court, the natural consequence is that the proceedings in Cr. C. No. 479 of 2015 are hereby ordered stayed pending the ruling of this court on the instant application.
For avoidance of doubt the judgment should not be delivered until this court pronounces itself on this matter.
The Deputy Registrar of this court is personally serve the orders of this court upon the lower court for immediate compliance.
It is so ordered.