Republic v Chamomo & 2 others [2026] KEHC 5608 (KLR)
- Citation
- [2026] KEHC 5608 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Posture
- Criminal / Interlocutory Ruling
- Case number
- Criminal Case 4 of 2020
- Language
- English
More details
- Court
- High Court
- Posture
- Criminal / Interlocutory Ruling
- Case number
- Criminal Case 4 of 2020
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court cannot proceed with the hearing due to the judge's leave and directs that proceedings be typed for the incoming judge to continue under Section 200 CPC.
Court disposition
adjourned for mention and directions by incoming judge
Orders
- proceedings to be typed for incoming judge
- defence counsel for Accused 2 to make formal application for Safaricom confirmation
- prosecution to supply identification parade forms to defence counsels
- mention set for 3rd June 2026 for directions under Section 200 CPC
02
Material facts
Parties
Republic
Prosecution Counsel: Ms. KanyuiraTimothy Leshamata Chamomo
1st Accused Counsel: Mr. MwanyumbaKennedy Mbayi
2nd Accused Counsel: Miss WamburaIbrahim Guyo Hassan
3rd Accused Counsel: Mr. John Bwire03
Procedural history
Posture
Criminal / Interlocutory Ruling
04
Questions and positions
Legal issues
- 01
whether the hearing should proceed before the current judge or incoming judge under section 200 CPC
- 02
whether Safaricom should confirm numbers in identification parade forms
Party arguments
- Applicant
- Defence counsel for Accused 2 intends to call numerous witnesses and seeks formal application for Safaricom to confirm numbers in identification parade forms.
- Respondent
- Prosecution to supply defence counsels with copies of identification parade forms.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Code, Section 200
Section 200 of the Criminal Procedure Code allows proceedings to continue before a new judge.
06
Ratio, limits and disposition
Ratio decidendi
The court cannot proceed with the hearing due to the judge's leave and directs that proceedings be typed for the incoming judge to continue under Section 200 CPC.
Court disposition
adjourned for mention and directions by incoming judge
- proceedings to be typed for incoming judge
- defence counsel for Accused 2 to make formal application for Safaricom confirmation
- prosecution to supply identification parade forms to defence counsels
- mention set for 3rd June 2026 for directions under Section 200 CPC
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
Republic v Chamomo & 2 others (Criminal Case 4 of 2020) [2026] KEHC 5608 (KLR) (28 April 2026) (Ruling) Neutral citation: [2026] KEHC 5608 (KLR) Republic of Kenya In the High Court at Voi Criminal Case 4 of 2020 AN Ongeri, J April 28, 2026 Between Republic Prosecution and Timothy Leshamata Chamomo 1st Accused Kennedy Mbayi 2nd Accused Ibrahim Guyo Hassan 3rd Accused Ruling 1.This Court is proceeding on long leave and will not be able to proceed with this case in view of the numerous witnesses to be called by the Learned Counsel for Accused 2. 2.I direct that the proceedings be typed for the incoming Judge to proceed with the hearing under Section 200 of the CPC. 3.The learned defence Counsel for Accused 2 to also make their intended formal application for Safaricom to confirm the numbers in the identification parade forms for determination by the Court. 4.The prosecution to supply the defence Counsels with copies of the identification parade forms. 5.Mention on 3rd June 2026 for directions under Section 200 of the CPC by the incoming Judge. DATED, SIGNED AND DELIVERED THIS 28TH DAY OF APRIL, 2026 IN OPEN COURT AT VOI HIGH COURT.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: Millicent/EghwaProsecutor; Ms. KanyuiraMr. Mwanyumba for the 1st AccusedMiss Wambura for the 2nd AccusedMr. John Bwire for the 3rd Accused
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