Republic v Samuel Letarum Sericho [2017] KEHC 7608 (KLR)
- Court
- High Court of Kenya
- Case number
- 7608
- Citation
- [2017] KEHC 7608 (KLR)
- Decided
- 15 February 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a previous ruling on directions under Section 200 of the Criminal Procedure CodeCoramE.K.O. OGOLA, DAVID KEMEI
Holding
The court orders that the case will proceed from where the previous judge left it, despite the accused person's choice to start anew.
Facts
The accused person opted to have the case start anew after the previous judge left the matter, but the State objected due to the unavailability of some witnesses.
Issues
- Whether the accused person's choice to start the case anew should be honored
- Whether the court should proceed from where the previous judge left the matter
Reasoning
The court considers the unavailability of witnesses as a valid reason to proceed from where the previous judge left the matter, balancing the interests of justice and the accused.
Outcome
The case will proceed from where the previous judge left it
Orders
- The case will proceed from where the previous judge left it
Authorities cited
Legislation (2)
- Criminal Procedure Code
- High Court Act
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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