[2022] KEHC 12064 (KLR)
The court found that the applicant's request to recall PW1 for further cross-examination was justified under section 250 of the Criminal Procedure Code. The judge was persuaded that the respondent would not suffer any prejudice if the witness was recalled. In the interest of justice, the court allowed the...
Source-derived case information.
- Citation
- [2022] KEHC 12064 (KLR)
- Parties
- Applicant: Gathungu Gikonyo Peter; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E092 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application to Recall Witness for Further Cross Examination
- Outcome
- Application allowed in part; PW1 to be recalled for further cross-examination; prosecution's case re-opened to that extent; trial court file to be returned for hearing and determination; no order as to costs.
- Judges
- DO Ogembo
- Legal Topics
- Recall of Witness, Cross Examination, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gathungu Gikonyo Peter
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application to Recall Witness for Further Cross Examination
Legal Issues
- 1 Whether the applicant is entitled to have PW1 recalled for further cross-examination before the court makes its finding under section 210 of the Criminal Procedure Code.
- 2 Whether recalling the witness would prejudice the respondent.
Ratio Decidendi
The court found that the applicant's request to recall PW1 for further cross-examination was justified under section 250 of the Criminal Procedure Code. The judge was persuaded that the respondent would not suffer any prejudice if the witness was recalled. In the interest of justice, the court allowed the application to the extent that PW1 be recalled for further cross-examination by the defence, and ordered the prosecution's case to be re-opened for that purpose. The trial court file was to be returned to the trial court for hearing and determination. No order as to costs was made.
Court Disposition
Application allowed in part; PW1 to be recalled for further cross-examination; prosecution's case re-opened to that extent; trial court file to be returned for hearing and determination; no order as to costs.
Orders
- The application dated 17.5.2022 is allowed only to the extent that PW1 be recalled for further cross-examination by the defence.
- The prosecution's case is ordered to be re-opened to that extent.
Full Case Text
Judgment text and source record
18 paragraphs
Peter v Republic (Criminal Revision E092 of 2022) [2022] KEHC 12064 (KLR) (7 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12064 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal Revision E092 of 2022
DO Ogembo, J
June 7, 2022
Between
Gathungu Gikonyo Peter
Applicant
and
Republic
Respondent
Ruling
1. I have considered the submissions of both sides. It has been submitted that the applicant (defence) only seeks recall of PW1 for further cross-examination on a piece of evidence, before the court can made its finding under section 210 of theCriminal Procedure Code. Section 250 of the criminal Procedure Code for recall of any witness at any stage of the proceedings.
2. I am persuaded by the submissions of counsel for the applicant, that the respondent stands to suffer no prejudice should the said witness be recalled for further cross examination. In the interest of Justice, I order as follows-
i)That the application of the applicant dated 17. 5.2022, be allowed only to the extent that PW1 be recalled for further cross examination by the defence. The prosecution’s case is therefore ordered to be re-opened to that extent.ii)The trial court file to be returned to the trial court for hearing and determination.iii)I make no ordered as to costs.iv)This application dated 17. 5.2022 is accordingly marked as determined and spent.
HON. D. O. OGEMBOJUDGE7TH JUNE 2022