[2013] KEHC 1297 (KLR)

[2013] KEHC 1297 (KLR)

The court found that the applicant was compelled to proceed with her case in the absence of her advocate, despite her clear indication that her advocate was engaged elsewhere and her counsel's subsequent application for adjournment. The trial court's refusal to accommodate the applicant's right to legal representation constituted a violation of her constitutional right to a fair trial under Article 50(2)(g). The High Court, exercising its supervisory jurisdiction, determined that the proceedings in the lower court were not properly conducted and that the order issued on 20.2.2013 should be set aside to allow the applicant to be represented by counsel of her choice.

Citation
[2013] KEHC 1297 (KLR)
Parties
Applicant: Mary Gitonga; Respondent: Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
31 October 2013
Case Number
Miscellaneous Criminal Case 42 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application to Review Lower Court Proceedings
Outcome
application allowed
Legal Topics
Right to Fair Trial, Right to Legal Representation
Source Language
English
Criminal Law Constitutional Law Right to Fair Trial Right to Legal Representation

Case Brief

Summary, issues, holding and outcome

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Parties

Mary Gitonga

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Review Lower Court Proceedings

Legal Issues

  1. 1 Whether the applicant's right to be represented by an advocate of her choice was violated by the trial court.
  2. 2 Whether the proceedings conducted in the absence of the applicant's advocate were proper and regular.

Ratio Decidendi

The court found that the applicant was compelled to proceed with her case in the absence of her advocate, despite her clear indication that her advocate was engaged elsewhere and her counsel's subsequent application for adjournment. The trial court's refusal to accommodate the applicant's right to legal representation constituted a violation of her constitutional right to a fair trial under Article 50(2)(g). The High Court, exercising its supervisory jurisdiction, determined that the proceedings in the lower court were not properly conducted and that the order issued on 20.2.2013 should be set aside to allow the applicant to be represented by counsel of her choice.

Court Disposition

application allowed

Orders

  • The application is allowed.
  • The proceedings of the trial court were not properly conducted.