Hussein Khalid & 16 others v Attorney General & 2 others [2017] KECA 326 (KLR)
- Court
- Court of Appeal
- Case number
- 326
- Citation
- [2017] KECA 326 (KLR)
The appeal is dismissed in its entirety. The prosecution shall in any event avail to the appellants the evidence required under Article 50(2)(j) before presentation of the prosecution case.
Facts
On 14th May 2013, a group of civil society members called the 'Occupy Parliament' movement organized a peaceful demonstration outside Parliament. They presented a petition and expressed displeasure at the Members of Parliament awarding themselves hefty salary increments. The SRC published new but considerably reduced salaries for Members of Parliament, leading to a conflict. The demonstrators then occupied the streets and poured blood on pigs, leading to the arrest of 16 appellants.
Issues
- The constitutionality and validity of the charges against the appellants.
- The timing of the presentation of evidence by the prosecution and the appellants' right to be informed of the evidence against them.
Reasoning
The court dismissed the appeal, stating that the High Court did not misdirect itself and that the prosecution had not started presenting its case. The court also clarified that the right to evidence availing is a continuing right from the pretrial stage.
Outcome
Appeal dismissed
Authorities cited
Legislation (5)
- Article 230 of the Constitution
- Article 260 of the Constitution
- Prevention of Cruelty to Animals Act, Cap 360
- Penal Code
- Public Order Act
Cases cited (2)
- Robert Mutungi Muumbi v. Republic, Cr App. No. 5 of 2013
- Thomas Patrick Gilbert Cholmondeley v. Republic, Cr App. No. 116 of 2007
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