Lawyer Lamin K. Mboge, who was recently convicted and sentenced by the lower court in
When the case was called the record of proceedings from the low court was not available to the high court.
The case was consequently adjourned till 19th March 2012, for mention.
Mboge told the court that since the day of his conviction, he had never been given access to talk to his wife and family, noting that several lawyers wanted to see him but could not get access to him.
He pointed out that he is suffering from pile and ulcer, but could not get access to go to the hospital for treatment.
He revealed that he consulted a prison commissioner in charge, who told him that he could not get access to any visitor without an order from the court.
Mboge added that the officer also told him that he could not get access to a doctor without an order from the court.
“I therefore apply to the court for emergency passage to have access to my lawyer to work on the lower court’s record of proceedings so that the court can proceed with the matter on the next adjournment date,” Mboge said.
Lawyer Mboge further applied to the court to have access to his clients in order to hand over their case files to them.
In delivering his ruling, the trial judge, Justice Edrissa Mbai, ordered that the appellant be allowed to have access to his immediate family members, as well as to consult a doctor for treatment.
Justice Mbai further ruled that the appellant must have access to his clients in order to hand over the case files to them in order for their cases to proceed.
Justice Mbai further warned the prison authorities to make follow-up on any appeal case filed before the court, noting that it is the duty of the prison authorities to make a follow-up to get the record of proceedings.
He added that the only thing the court can do was just to strike out the matter, if the records are not available to the court.
