[2015] KEHC 5779 (KLR)
The court allowed the prosecution's application to stand down the witness and granted a final adjournment, noting that although a previous final adjournment had been ordered, one witness had testified and the interests of justice required the matter to proceed. The court further found no evidence that the accused...
Source-derived case information.
- Citation
- [2015] KEHC 5779 (KLR)
- Parties
- Applicant: Republic; Defendant: Henry Omare Oboko
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2011
- Procedural Posture
- Criminal Case / Interlocutory Ruling on Adjournment and Bond Application
- Outcome
- Application for adjournment allowed; accused granted bond with conditions.
- Judges
- J Wakiaga
- Legal Topics
- Adjournment of Hearing, Bond and Bail Conditions, Witness Attendance, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Henry Omare Oboko
Defendant
Procedural Posture
Criminal Case / Interlocutory Ruling on Adjournment and Bond Application
Legal Issues
- 1 Whether the prosecution should be granted a further adjournment despite a previous final adjournment order.
- 2 Whether the accused should be released on bond and under what conditions.
Ratio Decidendi
The court allowed the prosecution's application to stand down the witness and granted a final adjournment, noting that although a previous final adjournment had been ordered, one witness had testified and the interests of justice required the matter to proceed. The court further found no evidence that the accused had interfered with witnesses, given his prolonged custody since 25/5/2011, and therefore granted him bond with strict conditions, including regular reporting to the Area Chief and court registry. The court emphasized that it is not the accused's duty to secure prosecution witnesses unless he is put on his defence.
Court Disposition
Application for adjournment allowed; accused granted bond with conditions.
Orders
- Witness stood down to 28/5/2015 for further hearing.
- This is the final adjournment to the prosecution.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 46 OF 2011
REPUBLIC …..............................................................PROSECUTOR
VERSUS
HENRY OMARE OBOKO …..............................................ACCUSED
18/3/2015
Before J. Wakiaga, J.
Bibu – CA
Mr. Majale for the State
Mr. Ondari for the Accused
Accused present
RULING
Court The prosecution had been granted final adjournment by Justice Muriithi on 6/5/2013 and the matter fixed for hearing on 23/10/2013. On 20/1/15 this matter was fixed for hearing before me when the state once again applied for adjournment on the basis that the witnesses who had been bonded had failed to turn up. To day Mr. Majale informed the court that he had one witness who was duly sworn and put on the witness stand. He has now applied for the said witness to be stood down so that he can refresh her memory.
Notwithstanding the fact that judge Muriithi had granted final adjournment and taking into account that one witness has testified I will allow the application and stood down the witness to 28/5/2015 for further hearing. This is the final adjournment to the prosecution. The accused person may be released on bond of Kshs.1,000,000/= with two sureties of similar amount on condition that the same shall not interfere with any of the prosecution witnesses.
He shall immediately upon his release report to his Area Chief who shall monitor his conduct during the period he is out on bond and shall be reporting to the said Chief every last Thursday of the month.
The accused shall also attend mention before the D/R of this court once after every 30 days with the first such mention being on 20/4/2015 and thereafter at dates to be set by the said D/R.
Justice must look at both sides, it is not for the accused person to bring witnesses to court unless he has been put on his defence and since the accused has been in custody since 25/5/2011, I see no reason to hold that he has been interfering with the attendance of witnesses in court.
J. WAKIAGA
JUDGE
18/3/2015