[2024] KEHC 16008 (KLR)
The High Court found that the release of exhibits to the respondents before the conclusion of the trial could cause irreparable harm to the prosecution's case and undermine the integrity of the trial process. The court held that it is imperative to preserve the exhibits until the matter is fully heard and...
Source-derived case information.
- Citation
- [2024] KEHC 16008 (KLR)
- Parties
- Applicant: Republic; Respondent: Derrick Kimathi; Respondent: Stephen Kilonzo; Respondent: Green Wells Energies Ltd
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 363 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Trial Court Orders
- Outcome
- trial court's orders set aside; directions issued for further hearing
- Judges
- DR Kavedza
- Legal Topics
- Manslaughter, Release of Exhibits, Criminal Revision, Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Derrick Kimathi
Respondent
Stephen Kilonzo
Respondent
Green Wells Energies Ltd
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Trial Court Orders
Legal Issues
- 1 Whether the trial court erred in releasing exhibits to the respondents before the conclusion of the trial.
- 2 Whether the applicant would suffer prejudice if the exhibits are not retained by the court.
- 3 Whether the respondents should be required to file a proper application before the court now seized with the matter.
Ratio Decidendi
The High Court found that the release of exhibits to the respondents before the conclusion of the trial could cause irreparable harm to the prosecution's case and undermine the integrity of the trial process. The court held that it is imperative to preserve the exhibits until the matter is fully heard and determined, as their premature release would defeat the purpose of the trial. Consequently, the court set aside the trial court's orders releasing the exhibits and directed the parties to follow proper procedures for any further applications regarding the exhibits.
Court Disposition
trial court's orders set aside; directions issued for further hearing
Orders
- The orders of the trial court issued on 30th October 2024 releasing the exhibits to the respondents are set aside.
- The applicant is directed to serve the respondents with the application within seven days from the date hereof.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Kimathi & 2 others (Criminal Revision 363 of 2024) [2024] KEHC 16008 (KLR) (19 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16008 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 363 of 2024
DR Kavedza, J
December 19, 2024
Between
Republic
Applicant
and
Derrick Kimathi
1st Respondent
Stephen Kilonzo
2nd Respondent
Green Wells Energies Ltd
3rd Respondent
Ruling
1. The respondents were charged with the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. During their, the court gave orders on 30th October 2024 releasing exhibits to the respondents and ordered that photographs be taken following an application seeking the same.
2. Aggrieved by this decision, the applicant has filed the present application seeking a revision of the trial court's order allowing the release of the exhibits to the Respondents. Additionally, the applicant seeks an order to the respondent to file a proper application before the court now seized with the matter.
3. Upon considering the application, and the annexures, the court's primary duty at this stage is to assess whether the applicant would suffer prejudice if the orders sought are not granted. Granting the orders is imperative to prevent irreparable harm, as allowing the trial to proceed at without the exhibits would defeat the purpose of the trial.
4. In view of the foregoing, I hereby make the following orders:I.I hereby set aside the orders of the trial court issued on 30th October 2024 in Kibera Chief Magistrate’s Misc. Application Case No. E716 of 2024 Green Wells Energy Ltd vs Inspector General of Police and 2 others releasing the exhibits to the Respondents hearing and determination of this application.II.The applicant is directed to serve the respondents with the application within seven (7) days from the date hereof.III.Upon service, the respondents are directed to file their respective responses within fourteen (14) days.IV.If need be, the applicant can file their rebuttal thereto.V.The application shall be heard virtually on 21st January 2025. Orders accordingly.
DIRECTIONS DATED AND DELIVERED VIRTUALLY THIS 19THDAY OF DECEMBER 2024. ............D. KAVEDZAJUDGE