REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CRIMINAL CASE 96 OF 2014

PROSECUTOR....................................................................................REPUBLIC

VERSUS

EDWARD KIRUI...................................................................................ACCUSED

RULING

I have considered the submissions of both sides. Section 200 of the criminal procedure code is not mandatory in its nature. So that an application to start de novo may be disallowed depending on circumstances. This case is a part heard, with 8 witnesses so far. It is 14 years old before this court. The court has been told this would be the 3^rd time it would start a fresh. I am of the opinion that the circumstances are such that it would amount to a serious delay of this case if it is ordered to start de novo.

I therefore rule that this matter do proceed from where it had reached. The defence otherwise reserves the right to apply for recall of any witnesses who have already testified. Section 200 of the criminal procedure code duly complied with.

D. O. OGEMBO

JUDGE

15.2.2022.

Court:

Hearing date to be fixed herein. Hearing 23^rd/25^th/30^th May 2022.

D. O. OGEMBO

JUDGE

15.2.2022.

Kiprono:

We apply for certified copies of the ruling. Also a date for pre-trial.

Court:

Proceedings/ruling to be prepared. Date of mention to be given for directions/pre-trial as requested by the defence. Mention 23.3.2022.