[2021] KEHC 7812 (KLR)
The court found that the applicant, facing seven counts of robbery with violence, is entitled to legal representation at public expense under Article 50(2)(h) of the Constitution of Kenya, 2010, as there was no evidence that he could afford to hire counsel himself. The seriousness of the charges further justified...
Source-derived case information.
- Citation
- [2021] KEHC 7812 (KLR)
- Parties
- Applicant: Daniel Muriuki Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E002 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Defence Counsel at Public Expense
- Outcome
- application allowed
- Judges
- DW Mbuteti
- Legal Topics
- Right to Counsel, Robbery With Violence, Public Expense Defence, Fair Trial Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Muriuki Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Defence Counsel at Public Expense
Legal Issues
- 1 Whether the applicant is entitled to be supplied with a defence counsel at public expense under Article 50(2)(h) of the Constitution of Kenya, 2010.
- 2 Whether the applicant can afford to hire counsel himself.
Ratio Decidendi
The court found that the applicant, facing seven counts of robbery with violence, is entitled to legal representation at public expense under Article 50(2)(h) of the Constitution of Kenya, 2010, as there was no evidence that he could afford to hire counsel himself. The seriousness of the charges further justified the need for legal representation. The court therefore allowed the application and directed the Deputy Registrar to assign a defence counsel to the applicant for his ongoing trial. The temporary stay of proceedings was vacated to allow the trial to proceed.
Court Disposition
application allowed
Orders
- The Deputy Registrar is directed to assign a defence counsel to the applicant for his ongoing trial in Nanyuki CM Criminal Case No 1413 of 2018.
- The temporary stay of proceedings given on 22/03/2021 is vacated to enable the trial to proceed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
MISC. CRIMINAL APPLICATION NO E002 OF 2021
DANIEL MURIUKI WANJIRU....................................................................APPLICANT
VERSUS
REPUBLIC.................................................................................................RESPONDENT
R U L I N G
1. The Applicant herein, DANIEL MURIUKI WANJIRU, is the Accused in Nanyuki CM Criminal Case No 1413 of 2018 where he is facing seven (7) counts of robbery with violence contrary to section 296(2)of the Penal Code. He has stated that already nine (9) prosecution witnesses have testified, and that a similar number remain to testify. He has applied herein for him to be supplied with a defence counsel at that trial at public expense. The Republic has no objection. A similar application before the trial court was refused.
2. A single count of robbery with violence contrary to section 296(2) of the Penal code would be a serious enough case for any accused person to want the assistance of a defence counsel, let alone a case with seven (7) such counts! At any rate, by dint of Article 50(2) (h) of the Constitution of Kenya, 2010 an accused person is entitled to a defence counsel at public expense where he cannot afford one himself. There is no suggestion from the court below that the Applicant herein can afford to hire counsel himself.
3. I therefore have no hesitation at all in allowing the Applicant’s application. The Deputy Registrar is hereby directed to assign a defence counsel to the Applicant for his on-going trial in Nanyuki CM Criminal Case No 1413 of 2018. Once that is done, the temporary stay of those proceedings given by this court herein on 22/03/2021 shall stand vacated to enable the trial to proceed to its logical conclusion. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 14TH DAY OF APRIL 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 15TH DAY OF APRIL 2021