[2024] KEHC 5635 (KLR)
The court found that the applicant's right to a fair hearing under Article 50 of the Constitution was violated when the trial court reserved judgment after hearing only the applicant and one witness, despite the applicant indicating he had more witnesses to call. The trial court also failed to allow the applicant...
Source-derived case information.
- Citation
- [2024] KEHC 5635 (KLR)
- Parties
- Applicant: Abong’o Kennedy Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E095 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application to Reopen Defence Case
- Outcome
- Application allowed. Orders reserving judgment set aside. Defence case reopened for hearing.
- Judges
- MS Shariff
- Legal Topics
- Fair Trial Rights, Reopening of Defence, Right to Call Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abong’o Kennedy Oduor
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application to Reopen Defence Case
Legal Issues
- 1 Whether the applicant's right to a fair hearing under Article 50 of the Constitution was violated by the trial court's refusal to allow him to call all his witnesses.
- 2 Whether the trial court erred in reserving judgment without affording the applicant an opportunity to submit or call further witnesses.
Ratio Decidendi
The court found that the applicant's right to a fair hearing under Article 50 of the Constitution was violated when the trial court reserved judgment after hearing only the applicant and one witness, despite the applicant indicating he had more witnesses to call. The trial court also failed to allow the applicant time to submit. Exercising its supervisory jurisdiction under Article 165(6) and (7) of the Constitution, the High Court set aside the orders reserving judgment and directed that the defence case be reopened to allow the applicant to call his witnesses and make submissions, thereby safeguarding the applicant's constitutional rights.
Court Disposition
Application allowed. Orders reserving judgment set aside. Defence case reopened for hearing.
Orders
- The orders reserving judgment are set aside.
- The defence/applicant's case is reopened for hearing.
Full Case Text
Judgment text and source record
20 paragraphs
Oduor v Republic (Criminal Revision E095 of 2024) [2024] KEHC 5635 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5635 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E095 of 2024
MS Shariff, J
May 7, 2024
Between
Abong’o Kennedy Oduor
Applicant
and
Republic
Respondent
Ruling
1. I have considered the notice of motion dated 22. 4.2024, the affidavit in support thereof, the replying affidavit sworn by Ms. Mercy Mutheu Muema for the Respondent and I have also perused the trial court’s record and I do note that on 15th April 2024 the Applicant had indicated to the trial court that he had several witnesses to call but only 1 of them was present yet the trial court only heard the Applicant and the one witness and then proceeded to reserve a judgment date.
2. I do find that indeed the Applicant’s right to a fair hearing as envisaged under article 50 (1) (2) (c) and (k) of the Constitution was violated. He was not even allowed time to submit, leave alone call his witnesses.
3. I thus exercise my powers under article 165 (6) and 7 of the Constitution and I hereby set aside the orders reserving a judgment and hereby reopen the defence/applicant’s case for hearing.
4. Mention on 20. 5.2024 before the trial court for taking/fixing of a hearing date. Trial file to be returned to Nyando Law Courts.
5. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 7TH DAY OF MAY, 2024. MWANAISHA S. SHARIFFJUDGE