[2015] KEHC 6846 (KLR)
The court found that the State had not previously informed the court about the status of the exhibits despite multiple prior appearances and readiness to proceed. However, in the interest of justice and considering the State's current inability to proceed without the exhibits, the court reluctantly granted a final...
Source-derived case information.
- Citation
- [2015] KEHC 6846 (KLR)
- Parties
- Applicant: Republic; Defendant: Faith Nyaboke Nyambane
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2011
- Procedural Posture
- Criminal Case / Pre Trial Adjournment Ruling
- Outcome
- Adjournment granted with strict conditions; accused released on bond.
- Judges
- J Wakiaga
- Legal Topics
- Adjournment of Hearing, Bond Terms, Production of Exhibits, Witness Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Faith Nyaboke Nyambane
Defendant
Procedural Posture
Criminal Case / Pre Trial Adjournment Ruling
Legal Issues
- 1 Whether the State has provided sufficient justification for the adjournment due to missing exhibits.
- 2 Whether the accused should be granted bond and under what terms.
- 3 Whether the State has been diligent in preparing its case and informing the court about the status of exhibits.
Ratio Decidendi
The court found that the State had not previously informed the court about the status of the exhibits despite multiple prior appearances and readiness to proceed. However, in the interest of justice and considering the State's current inability to proceed without the exhibits, the court reluctantly granted a final adjournment. To mitigate prejudice to the accused, the court ordered the accused's release on bond with sureties and set strict conditions for the State to be ready to proceed to conclusion on the next hearing date. The court emphasized that this would be the last adjournment granted to the State on this ground.
Court Disposition
Adjournment granted with strict conditions; accused released on bond.
Orders
- The accused person to be released on bond of Kshs.500,000 with two sureties of similar amount.
- The State to be ready to proceed with their case to conclusion on 19/3/2015 when the matter shall be heard exclusively.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 22 OF 2011
REPUBLIC…...................................................................APPLICANT
VERSUS
FAITH NYABOKE NYAMBANE.…...................................ACCUSED
20/1/2015
Before J. Wakiaga, J.
Bibu – cc
Mr. Ondari for the accused
Mr. Majale for the state
Accused person present
COURTRULING
The accused took her plea on 7/3/2011 and the hearing was fixed on 27/9/2011 when the matter was listed before justice Makhandia as he then was who ordered that the matter was a court two matter and therefore took the same out.
On 12/10/2011 the same was fixed for hearing before Justice Sitati and a Mr. Mutai appeared for the State. From the court records he indicated to the court that he had seven (7) witnesses after the court had indicated that the matter could not be reached.
On 13/3/2012 the matter was fixed for hearing before Justice Korir when again Mr. Mutai indicated to court that he had six witnesses in court and ready to proceed. The matter was subsequently taken out since the advocate for the accused then on record was absent.
On 6/6/2012 when Mr. Imbali indicated that he had six witnesses and in the absence of the advocate for the accused the same was taken out. On 20/7/2012 the matter was once again taken out since the advocate for the accused was not present.
On 20/3/2013 the accused appeared before justice Muriithi on an application for bond.
Today 20/1/2015 Mr. Majale has appeared before this court and sought an adjournment on the basis that the exhibits were taken to the government chemist and have not been returned. He submittes that all his four (4) witnesses present will be referring to the exhibits and in their absence he is unable to proceed.
The application has been opposed by Mr. Ondari for the accused person who has submitted that the court has not been told when the said exhibits were forwarded to the government chemist.
In reply Mr. Majale has conceded that he has no indication as to when the said exhibits were taken ot the government chemist.
The question that this court has not answered is why didn't the counsel who appeared before the court on the dates stated herein inform court that the exhibits had been taken to the government chemist? They have all along been ready to proceed with the witnesses only today when Mr. Majale has indicated that the exhibits are missing.
Whereas justice is supposed to look at both sides I have reluctantly granted the state the last adjournment on the following conditions:-
a) The accused person to be released on bond of Kshs.500,000/= with two (2) sureties of similar amount.
b) The State to be ready to proceed with their case to conclusion on 19/3/2015 when the matter shall be heard exclusively on the said dates.
c) Four civilian witnesses available to be paid their witnesses expenses.
d) The accused to attend mention before the D/R on 20/2/2015.
J. WAKIAGA
JUDGE
21/1/2015