https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7503

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **CRIMINAL REVISION NO. E029 OF 2026** JONATHAN KIMONDIO……………………………………1ST APPLICANT NICHOLAS MUSYOKI………………………………………..2ND APPLICANT STEPHEN MULI……………………………………………….3RD APPLICANT VERSUS REPUBLIC………………………………………………………….RESPONDENT **RULING.** 1. The applicants seek review and setting aside of the order made on 12th March 2026 in Kibera Chief Magistrate’s Criminal Case No. 1300 of 2018, which closed the defence case after the prosecution had concluded its case. They contend that, although they had indicated their intention to testify and call witnesses, the defence hearing was repeatedly adjourned due to circumstances beyond their control. 2. They further assert that the trial court closed the defence case without affording them an opportunity to present evidence or call witnesses, despite the absence of material police files and witness statements. The applicants argue that the refusal to grant an adjournment for adequate preparation and legal representation, coupled with the closure of the defence case, denied them a fair opportunity to present their defence, resulting in procedural unfairness, a miscarriage of justice, and a violation of their right to a fair trial under Article 50 of the Constitution. 3. Interim orders were issued by this court 19th March 2026 and directions were issued for the hearing of the application. 4. The respondent did not oppose the application. 5. Having considered the application, the supporting affidavit, and the material placed before the Court, I am satisfied that the orders sought are merited. The right of an accused person to adduce and challenge evidence forms a fundamental component of the right to a fair trial under Article 50 of the Constitution. 6. In the circumstances of this case, and bearing in mind that the Respondent has not opposed the application, I find that it is in the interests of justice that the Applicants be afforded a reasonable opportunity to present their defence. No prejudice will be occasioned to the prosecution that cannot be addressed by the trial court through appropriate case management directions. 7. Accordingly, the application is allowed. The order made on 12th March 2026 closing the defence case is hereby set aside. The Applicants shall be at liberty to present their defence and call such witnesses as may be necessary, subject to the directions of the trial court. 8. The matter is remitted back to the trial court for directions at Kibera on 17th June 2026 on defence hearing and/or such further orders as the court may deem fit for the expeditious disposal of the matter. Orders accordingly. **Ruling dated and delivered virtually this 3rd day of June 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE** **In the presence of:** Wambua for the Applicant Mutuma for the Respondent Karimi Court Assistant.