[2016] KEHC 567 (KLR)
The court found that it was appropriate and necessary to appoint the applicant, S W M, as guardian to M N S to assist in adducing evidence in the referenced criminal case. Both counsels supported the application, and the court exercised its discretion to facilitate the administration of justice and the protection of...
Source-derived case information.
- Citation
- [2016] KEHC 567 (KLR)
- Parties
- Applicant: S W M; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 63 of 2016
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- Application allowed.
- Judges
- AT Sitati
- Legal Topics
- Guardianship in Criminal Proceedings, Adducing Evidence, Court Appointments
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
S W M
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be appointed as guardian to M N S to assist in adducing evidence in the criminal case.
Ratio Decidendi
The court found that it was appropriate and necessary to appoint the applicant, S W M, as guardian to M N S to assist in adducing evidence in the referenced criminal case. Both counsels supported the application, and the court exercised its discretion to facilitate the administration of justice and the protection of the interests of the vulnerable witness.
Court Disposition
Application allowed.
Orders
- The applicant, S W M, is appointed as guardian to M N S to assist in adducing evidence in Mumias Principal Magistrate’s Court Criminal Case No. 394 of 2014.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
HIGH COURT CRIMINAL MISC. CASE NO. 63 OF 2016
S W M………………………………..APPLICANT
VERSUS
REPUBLIC…………………………..RESPONDENT
R U L I NG
Upon reading the Notice of Motion dated 04. 11. 2016 the Certificate of Urgency of even date, the Supporting affidavit and annextures thereto, and upon hearing Counsel for the applicant as well as Counsel for the respondent who supports the application, it is ordered as follows;-
1. The applicant herein, S W M be and is hereby appointed as a guardian to M N S to assist in adducing evidence in Mumias Principal Magistrate’s Court Criminal Case No. 394 of 2014
Orders accordingly
Ruling delivered, dated and signed in open court at Kakamega this 6th day of December, 2016 in the presence of both counsels
RUTH N. SITATI
JUDGE
06. 12. 2016