Republic v Mary Sammy & another [2017] KEHC 390 (KLR)
- Court
- High Court of Kenya
- Case number
- 390
- Citation
- [2017] KEHC 390 (KLR)
- Decided
- 6 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureApplication to recall prosecution witness for further cross-examinationCoramL. N. MUTENDE
Holding
The application is allowed as prayed.
Facts
On April 25, 2011, Kinyamasyo Mweti was murdered in Usenga Village, Kitui County. Mary Sammy and Kimwele Nyoka are accused of the crime.
Issues
- Whether the court has the discretion to recall a prosecution witness for further cross-examination.
- Whether the application is made before the Accused is called upon to tender her evidence in defense.
Reasoning
The court grants the application because it will not prejudice the prosecution and is in the interest of justice to have the witness re-called for further cross-examination.
Outcome
Application granted
Orders
- The witness Dr. Mutuku is recalled for further cross-examination
Authorities cited
Legislation (2)
- Evidence Act
- Criminal Procedure Code
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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