Republic v Charles Mungeria Karuma [2018] KEHC 8312 (KLR)
- Court
- High Court of Kenya
- Case number
- 8312
- Citation
- [2018] KEHC 8312 (KLR)
- Decided
- 15 February 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a conviction and sentenceCoramA. MABEYA
Holding
The court allows the recall of prosecution witnesses PW1, PW2, and PW3, but rejects the accused's request to start the trial de novo.
Facts
The accused was charged with the murder of Jane Kambura Baikilithu. The case was transferred multiple times due to disagreements between the accused and his counsel, and the prosecution's inability to locate witnesses.
Issues
- Whether the accused has the right to recall prosecution witnesses
- Whether the matter should start de novo due to disagreements with previous counsel
Reasoning
The court found that the accused had the right to recall the witnesses, but the witnesses could not be found or were not available. The court also noted that the accused's previous counsel did not conduct the case of the accused when the witnesses testified.
Outcome
The matter will proceed from where it had reached.
Orders
- The recall of prosecution witnesses PW1, PW2, and PW3 is allowed
Authorities cited
Legislation (2)
- Evidence Act Cap 80
- 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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