[2019] KEHC 4128 (KLR)
The court found that there was no justifiable reason to disallow the application for independent expert examination of the exhibits, particularly in the absence of objection from the State. The court emphasized that the interests of justice are best served when the trial process is fair and transparent, and that...
Source-derived case information.
- Citation
- [2019] KEHC 4128 (KLR)
- Parties
- Appellant: Charles Wagondu Munyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 902 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Independent Expert Examination of Exhibits
- Outcome
- Application for revision allowed; previous ruling set aside; independent expert examination of exhibits ordered.
- Legal Topics
- Evidence Examination, Fair Trial Rights
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Charles Wagondu Munyi
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Independent Expert Examination of Exhibits
Legal Issues
- 1 Whether the trial court erred in disallowing the application for independent expert examination of prosecution exhibits.
- 2 Whether the interests of justice require that the exhibits be subjected to independent examination.
Ratio Decidendi
The court found that there was no justifiable reason to disallow the application for independent expert examination of the exhibits, particularly in the absence of objection from the State. The court emphasized that the interests of justice are best served when the trial process is fair and transparent, and that allowing the defence to have the exhibits independently examined would ensure such fairness. Consequently, the previous ruling disallowing the application was set aside, and orders were made to facilitate the independent examination of the specified exhibits within a set timeframe, with safeguards for the custody and return of the exhibits.
Court Disposition
Application for revision allowed; previous ruling set aside; independent expert examination of exhibits ordered.
Orders
- The ruling of Hon. Sinkiyan, R.M delivered on 9th November, 2018 disallowing the application is set aside.
- P.Exhibits 1, 2 & 3 (bank deposit slips) and P.Exhibit 5 (LPO from Mathai Supermarket) to be subjected to independent document examination at the instance of the defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MILIMANI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 902 OF 2018
CHARLES WAGONDU MUNYI.........................................APPELLANT
VERSUS
REPUBLIC....................................................................... RESPONDENT
RULING
1. I have heard the respective submissions. In the interest of justice, it is important the aforestated exhibits be subjected to independent expert examination. In fact, there was no reason to disallow the application even when the State Counsel did not object. All the same, the interests of justice would be well served when the process of the trial and investigations is fair.
2. Accordingly, I set aside the ruling of Hon. Sinkiyan, R.M delivered on 9th November, 2018 disallowing the exhibits to be subjected to independent expert examination. I order that P.Exhibits 1,2 & 3 being bank deposit slips and P.Exhibit 5, an LPO from Mathai Supermarket be subjected to an independent document examination at the instance of the defence. The said exhibits shall be released to the Investigating Officer who shall be accompanied by the accused’s advocate to the defence document examiner to have the said exhibits examined. The examination shall be in the presence of the said parties and must be released to the Investigating Officer after the exercise, who shall thereafter hand them over to the court. The examination shall be conducted within 14 days. There shall be a mention on 17/10/2019 to take dates for defence hearing. Mention shall be before the trial court.
Dated and Delivered at Nairobi This 24th September, 2019.
G.W.NGENYE-MACHARIA
JUDGE.
In the presence of;
1. M/s Mukiri h/b for Mr. Mwambi
2. Momanyi for the Respondent.