[2019] KEHC 8157 (KLR)
The court determined that, in the interests of justice and considering that the accused is out on bond, it was appropriate to grant the prosecution a final opportunity to present its remaining witnesses. The court weighed the competing interests of the accused and the victim's family and concluded that a full...
Source-derived case information.
- Citation
- [2019] KEHC 8157 (KLR)
- Parties
- Applicant: Republic; Defendant: Shabir Wachira Wesonga
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2014
- Procedural Posture
- Criminal Case / Interlocutory Ruling on Adjournment Request
- Outcome
- Final adjournment granted to prosecution; previous order set aside.
- Judges
- AT Sitati
- Legal Topics
- Adjournment of Trial, Prosecution Witnesses, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Shabir Wachira Wesonga
Defendant
Procedural Posture
Criminal Case / Interlocutory Ruling on Adjournment Request
Legal Issues
- 1 Whether the prosecution should be granted a final adjournment to avail its remaining witnesses.
- 2 Whether the interests of justice require setting aside the previous order to close the prosecution's case.
Ratio Decidendi
The court determined that, in the interests of justice and considering that the accused is out on bond, it was appropriate to grant the prosecution a final opportunity to present its remaining witnesses. The court weighed the competing interests of the accused and the victim's family and concluded that a full evidentiary record was necessary for a fair determination of the case. Accordingly, the previous order requiring the prosecution to close its case was set aside, and a final adjournment was granted to enable the prosecution to call its two critical witnesses.
Court Disposition
Final adjournment granted to prosecution; previous order set aside.
Orders
- The order of 23.04.2019 requiring the prosecution to close its case is set aside.
- The prosecution is granted a final adjournment to avail its remaining witnesses.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 44 OF 2014
REPUBLIC …………………………………………………….PROSECUTOR
VERSUS
SHABIR WACHIRA WESONGA……………………………...…ACCUSED
RULING
1. On 23rd April, 2019, this court gave the prosecution a warning that if it did not produce its remaining witnesses, it would have to close its case. Mr. Ngetich, prosecution counsel has pleaded with the court to give the prosecution a last chance to avail the witnesses, the reason being that this would serve the interests of justice. The prosecution has explained that the investigating officer is attending his second promotional interview today, the first one having been undertaken on Tuesday, 23rd, April. Counsel argues that granting of an adjournment today would serve the interests of justice.
2. I have carefully considered that plea against Mr. Luchivya’s objection to the same. I am aware that in this matter, there is the accused person as well as the victim’s family which is also crying out for justice. On reconsideration of my orders of 23. 04. 2019 and in the interests of justice, and also noting that he accused person is out on bond, I am prepared to give this last chance to the prosecution to avail the two remaining critical witnesses. Once these witnesses testify, the court will have all the evidence before it for the purpose of making a ruling and later a judgment in the matter based on full information.
3. Accordingly, I set aside my order of 23. 04. 2019 requiring the prosecution to close its case today if it had no witnesses and to grant them a final adjournment. It is so ordered.
Ruling delivered, dated and signed at Kakamega in open court this 26th day of April, 2019
RUTH N. SITATI
JUDGE
In the presence of :-
Mr. Ngetich………………………………………for the state
Mr. Luchivya for Mr. Odongo…………………..for accused
Polycap Mukabwa…………………………....Court assistant