Mary Atai Mung'au v Republic [2014] KEHC 2076 (KLR)
- Court
- High Court of Kenya
- Case number
- 2076
- Citation
- [2014] KEHC 2076 (KLR)
- Decided
- 21 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureApplication for extension of time of the Order for ExhumationCoramA. MSHILA
Holding
The court orders that the Accused files a Supplementary Affidavit to support the application for extension of time for the order sought for exhumation and preparation of 2nd Postmortem Report.
Facts
The exhumation and subsequent Postmortem report were not conducted due to logistical problems, and the time limit of one day was not met.
Issues
- Whether the application for extension of time of the Order for Exhumation should be granted
- Who should be the one to make the supporting affidavit for the extension application
Reasoning
The court finds that the Counsel for the Accused is not the best suited person to make the affidavit due to the crucial nature of the exhumation and Postmortem report in the defence's case.
Outcome
The application for extension of time is granted, but the court orders the Accused to file a Supplementary Affidavit.
Orders
- The Supplementary Affidavit shall be filed and served upon the DPP and Counsel holding watching brief within twenty one (21) days from the date hereof.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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