[2017] KEHC 41 (KLR)
The court held that the absence of a filled P3 form should not be used as an excuse to delay the trial of the applicants. Since the delay in obtaining the P3 form was attributable to the prosecution and the complainant's reluctance, the trial court was directed to prioritize the hearing or consider releasing the...
Source-derived case information.
- Citation
- [2017] KEHC 41 (KLR)
- Parties
- Applicant: Kauta Rashid; Applicant: Kentrix Barasa; Respondent: Republic of Kenya
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2016
- Procedural Posture
- Criminal Case / Ruling on Notice of Motion
- Outcome
- Notice of motion spent; trial to proceed expeditiously.
- Legal Topics
- Disclosure of Evidence, Trial Procedure, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kauta Rashid
Applicant
Kentrix Barasa
Applicant
Republic of Kenya
Respondent
Procedural Posture
Criminal Case / Ruling on Notice of Motion
Legal Issues
- 1 Whether the applicants are entitled to be supplied with all prosecution documents before trial proceeds.
- 2 Whether the absence of a filled P3 form should delay the trial.
- 3 Whether the applicants should be released on bond if the prosecution delays the hearing.
Ratio Decidendi
The court held that the absence of a filled P3 form should not be used as an excuse to delay the trial of the applicants. Since the delay in obtaining the P3 form was attributable to the prosecution and the complainant's reluctance, the trial court was directed to prioritize the hearing or consider releasing the applicants on reasonable bond terms. The applicants are entitled to a copy of the P3 form if it is subsequently filled, but the trial should proceed without further delay.
Court Disposition
Notice of motion spent; trial to proceed expeditiously.
Orders
- Applicants to be produced before the trial court for trial to proceed.
- If the P3 form is subsequently filled, applicants to be supplied with a copy.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
CRIMINAL CASE NO. 40 OF 2016
KAUTA RASHID
KENTRIX BARASA............................................APPLICANTS
VERSUS
REPUBLIC OF KENYA....................................RESPONDENT
RULING
1. The applicants’ have told the Court that they have already been supplied with the investigations diary and a copy of the relevant entry in the OB. The State has indicated that the P3 form is not available as it has not been filled. The notice of motion filed on 21st October, 2016 is now spent.
2. In order to ensure that the applicants’ case proceeds expeditiously, I now direct that they be produced before the trial Court so that their trial can proceed. If the P3 form is subsequently filled, the applicants will be entitled to a copy of the same. The complainant’s reluctance to have the P3 form filled should not be an excuse for not proceeding with the matter. As the delay appears to arise from the prosecution side, the trial Court should fix the matter for hearing on priority basis or release the applicants on reasonable bond terms. This file is now closed.
Dated, signed and delivered at Busia this 20th day of March, 2017
W.KORIR,
JUDGE OF THE HIGH COURT