[2025] KEHC 3803 (KLR)
The court found that the bereavement of the prosecuting counsel constituted sufficient cause to adjourn the hearing. Additionally, the application by Mr. Kimathi to cease acting for the accused was unopposed and justified, and leave was accordingly granted. The court directed the Deputy Registrar to assign new...
Source-derived case information.
- Citation
- [2025] KEHC 3803 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Mwangi Kithinji
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E021 of 2022
- Procedural Posture
- Criminal Case / Directions Before Hearing
- Outcome
- Hearing adjourned; leave granted for defence counsel to cease acting; Deputy Registrar to assign new counsel; hearing and mention dates set; production order issued.
- Judges
- DO Chepkwony
- Legal Topics
- Adjournment of Hearing, Counsel Ceasing to Act, Assignment of Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Mwangi Kithinji
Defendant
Procedural Posture
Criminal Case / Directions Before Hearing
Legal Issues
- 1 Whether the hearing should be adjourned due to bereavement of prosecuting counsel and application by defence counsel to cease acting.
- 2 Whether leave should be granted for defence counsel to cease acting for the accused.
- 3 Whether the accused should be assigned new counsel.
Ratio Decidendi
The court found that the bereavement of the prosecuting counsel constituted sufficient cause to adjourn the hearing. Additionally, the application by Mr. Kimathi to cease acting for the accused was unopposed and justified, and leave was accordingly granted. The court directed the Deputy Registrar to assign new counsel to the accused to ensure the right to legal representation is preserved. The matter was rescheduled for hearing and mention to confirm representation, with a production order issued for the accused.
Court Disposition
Hearing adjourned; leave granted for defence counsel to cease acting; Deputy Registrar to assign new counsel; hearing and mention dates set; production order issued.
Orders
- Mr. Kimathi, counsel for the accused, is granted leave to cease acting for the accused person forthwith.
- The Deputy Registrar shall assign the accused person another counsel.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Kithinji (Criminal Case E021 of 2022) [2025] KEHC 3803 (KLR) (24 March 2025) (Directions)
Neutral citation: [2025] KEHC 3803 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E021 of 2022
DO Chepkwony, J
March 24, 2025
Between
Republic
Prosecution
and
Charles Mwangi Kithinji
Accused
Directions
1. The matter was scheduled for hearing today. However, having listened to all counsel for the parties herein, hearing is adjourned on the grounds that the prosecuting counsel, M/S Ndeda is bereaved and Mr. Kimathi counsel for the accused person has sought for leave to cease acting for the accused person.
2. In view of this, hearing is adjourned with directions that:-a.Mr. Kimathi, counsel for the accused be and is hereby granted leave to cease acting for the accused person forthwith.b.The Deputy Registrar to assign the accused person another counsel.c.Hearing on 22nd and 23rd September, 2025. d.Mention on 24th April, 2025 for parties to confirm legal representation for the accused person.e.Production Order to issue for the accused.
It is so ordered.
DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OFMARCH…. , 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Magero holding brief for M/S Ndeda counsel for the StateMr. Kimathi counsel for accusedAccused – presentMr. Munene watching brief for the victim’s familyCourt Assistant - Martin