Parkinyaro Ole Pursumari Koroi & another v Republic [2016] KEHC 8313 (KLR)
- Court
- High Court of Kenya
- Case number
- 8313
- Citation
- [2016] KEHC 8313 (KLR)
- Decided
- 15 November 2016
The trial will not be heard de novo. The proceedings taken by Hon. Mwinzi in respect of the evidence of PW2 are expunged. PW2 will be recalled to testify afresh unless the accused persons indicate they do not wish for the witness to testify afresh.
Facts
Hon. Mwinzi took over the trial on 1st October, 2015 and heard the evidence of PW2 before the trial was taken over by Hon. Mutula on 28th April, 2016. The Applicant claims non-compliance with Section 200 of the Criminal Procedure Code.
Issues
- Non-compliance with Section 200 of the Criminal Procedure Code
- Recalling of PW1 for re-examination
Reasoning
The illegible recording by Hon. Mwinzi does not allow for the determination of compliance with Section 200. The trial will not be heard de novo as there is no reason to recall PW1, and the delay would negate expeditious administration of justice.
Outcome
The trial will not be heard de novo. The proceedings taken by Hon. Mwinzi in respect of the evidence of PW2 are expunged. PW2 will be recalled to testify afresh unless the accused persons indicate they do not wish for the witness to testify afresh.
Orders
- Expunge the proceedings taken by Hon. Mwinzi in respect of the evidence of PW2
- Order that PW2 be recalled to testify afresh unless the accused persons indicate they do not wish for the witness to testify afresh
Remedies
- Recall of PW2 to testify afresh
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Section 200
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