Republic v Chamomo & 2 others (Criminal Case 4 of 2020) [2026] KEHC 5608 (KLR) (28 April 2026) (Ruling)

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.

Citation: [2026] KEHC 5608 (KLR)
Parties: Prosecution: Republic; 1st Accused: Timothy Leshamata Chamomo; 2nd Accused: Kennedy Mbayi; 3rd Accused: Ibrahim Guyo Hassan
Court: High Court
Jurisdiction: Kenya
Judgment Date: 28 April 2026
Case Number: Criminal Case 4 of 2020
Procedural Posture: Criminal / Interlocutory Ruling
Outcome: adjourned for mention and directions by incoming judge
Legal Topics: Section 200 CPC, Identification Parade, Case Management
Source Language: English

Criminal Law Section 200 CPC Identification Parade Case Management

Case Brief

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Parties

Republic

Prosecution

Timothy Leshamata Chamomo

1st Accused

Kennedy Mbayi

2nd Accused

Ibrahim Guyo Hassan

3rd Accused

Procedural Posture

Criminal / Interlocutory Ruling

Legal Issues

1 whether the hearing should proceed before the current judge or incoming judge under section 200 CPC
2 whether Safaricom should confirm numbers in identification parade forms

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

Orders

proceedings to be typed for incoming judge
defence counsel for Accused 2 to make formal application for Safaricom confirmation