Kariuki Lydia & Another V A M [2018] EKLR | ||
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George Vincent Odunga
High Court at Machakos
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George Vincent Odunga
High Court at Machakos
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George Vincent Odunga
High Court at Machakos
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Closure of the prosecution case is an option available to the Court where a prosecution counsel fails to attend proceedings.
Republic v John Wambua Munyao & 3 others
Criminal Revision No 215 of 2018
High Court at Machakos
G V Odunga, J
December 21, 2018
Reported by Beryl A Ikamari
Criminal Procedure-close of the prosecution case-where the prosecution case was closed by a magistrate's court due to a failure by the prosecution counsel to attend proceedings-whether the Magistrate's Court had jurisdiction to close the prosecution case in the absence of the prosecution counsel.
Brief facts
The applicant sought revision of orders of the Chief Magistrate's Court whose effect was to close the prosecutions case due a failure by the prosecution counsel to attend court. It was explained that on the hearing date, the prosecution counsel was unwell and had instructed another counsel to hold her brief but that counsel got busy and she failed to hold brief.
The applicant contended that a properly constituted court required the judicial officer, the accused person and the prosecution counsel and the orders in question could not be issued in the absence of the prosecution counsel. Therefore, the applicant concluded that the Magistrate's Court acted erroneously in closing the prosecution case in the absence of a prosecution counsel. The applicant added that the decision denied the prosecution the chance to adduce evidence and also denied the victims a right to be heard as part of the right to a fair trial. The applicant also alleged that the decision to close the prosecution case was based on bias and anger related to an earlier encounter between the Magistrate's Court and the prosecution counsel.
Issue
Held
Application dismissed.
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George Vincent Odunga
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David Kipyegomen Kemei
High Court at Machakos
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