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Kenya decisions
Decisions matching the current search
Director of Public Prosecution v Maero [2025] KEHC 8194 (KLR)
The High Court in Kakamega refused to start the criminal trial afresh under section 200 and again declined bond, finding no new basis to change earlier orders.
Kuria v Republic [2023] KEHC 26940 (KLR)
High Court dismissed a criminal revision seeking recall of witnesses under section 200 CPC, holding the trial court had discretion and no basis existed to interfere.
David Makari Watila v Republic [2020] KEHC 5578 (KLR)
The High Court quashed a conviction for stealing by servant after finding the CCTV evidence inadmissible for lack of a Section 106B certificate and insufficient proof of theft.
Duncan Livingstone Kimathi v Republic [2017] KEHC 8544 (KLR)
The court held that while Section 200(3) of the Criminal Procedure Code mandates that an accused be informed of the right to have witnesses recalled, the decision to commence a trial de novo is not automatic upon request. The trial magistrate must exercise discretion, considering factors such as the stage of the proceedings, the availability and memory of witnesses, and the interests of justice. In this case, most critical witnesses had already testified, and the applicant did not provide sufficient reasons for insisting on a trial de novo. The lapse of time since the incident and the potenti…
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David Ngaba Kiramba v Republic [2016] KEHC 1358 (KLR)
The High Court allowed an appeal against directions refusing recall of prosecution witnesses after a change of magistrate in a robbery with violence trial.
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