Kenya Judgment

High Court

Republic v Chamomo & 2 others [2026] KEHC 5608 (KLR)

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Professional case brief

Research organized from the available case record

Source document

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. Kanyuira

Timothy Leshamata Chamomo

1st Accused Counsel: Mr. Mwanyumba

Kennedy Mbayi

2nd Accused Counsel: Miss Wambura

Ibrahim Guyo Hassan

3rd Accused Counsel: Mr. John Bwire

03

Procedural history

  1. Posture

    Criminal / Interlocutory Ruling

04

Questions and positions

Legal issues

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

  1. 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.

Source document

High Court

Judgment

[2026] KEHC 5608 (KLR)

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Code Section 200

Legislation

Legislation referenced in the available case record.

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