[2019] KEHC 8148 (KLR)

[2019] KEHC 8148 (KLR)

The court held that since the applicants had not previously applied for reduction of bail terms or for the supply of witness statements and material evidence before the trial court, and since they are now being tried before a different court, it is appropriate that they first make these applications before the...

Source-derived case information.

Citation
[2019] KEHC 8148 (KLR)
Parties
Applicant: Sila Maweu; Applicant: Joseph Wachira Kinyua; Respondent: Republic
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Criminal Application 51 of 2018
Procedural Posture
Criminal Application / Directions on Bail and Provision of Witness Statements Prior to Trial
Outcome
Application for transfer withdrawn; directions issued for applicants to apply for bail reduction and disclosure before trial court.
Judges
CW Meoli
Legal Topics
Bail Terms, Disclosure of Evidence, Pre Trial Procedure
Source Language
en
Criminal Law Bail Terms Disclosure of Evidence Pre Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sila Maweu

Applicant

Joseph Wachira Kinyua

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Directions on Bail and Provision of Witness Statements Prior to Trial

Legal Issues

  1. 1 Whether the applicants are entitled to a reduction of bail terms before the trial court.
  2. 2 Whether the applicants are entitled to be supplied with witness statements and material evidence prior to trial.

Ratio Decidendi

The court held that since the applicants had not previously applied for reduction of bail terms or for the supply of witness statements and material evidence before the trial court, and since they are now being tried before a different court, it is appropriate that they first make these applications before the current trial court. The High Court directed that the accused persons be produced before the trial court to enable them to apply for the reduction of bail terms and for the supply of witness statements and evidentiary material. The applicants are at liberty to lodge a fresh application to the High Court if dissatisfied with the determination of the trial court.

Court Disposition

Application for transfer withdrawn; directions issued for applicants to apply for bail reduction and disclosure before trial court.

Orders

  • Applicants to be produced before the current trial court on 12th April 2019 to apply for reduction of bail terms and supply of witness statements and evidentiary material.
  • Applicants at liberty to lodge a fresh application to the High Court upon determination by the trial court.