Charles Oyalo Motanya v Republic [2019] KEHC 2412 (KLR)
- Court
- High Court of Kenya
- Case number
- 2412
- Citation
- [2019] KEHC 2412 (KLR)
- Decided
- 29 October 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureAppeal from a lower court's orderCoramR. K. LIMO
Holding
The court allows the application to recall the witnesses and substitutes the previous orders with new ones.
Facts
The applicant, Charles Oyalo Motanya, sought to recall two witnesses (PW5 and PW6) for cross-examination and to review the lower court's orders issued on 27 February 2018.
Issues
- Recalling witnesses for cross-examination
- Review of lower court's orders
Reasoning
The court finds that recalling the witnesses would not prejudice the prosecution and allows the application.
Outcome
The court lifts the warrants against the applicant and substitutes the previous orders with new ones.
Orders
- PW5 and PW6 shall be re-called for purposes of cross-examination by the applicant
- The trial court shall fix the case for purposes of order (i) above at its convenience
- The witness travel expenses for PW5 and PW6 to attend court shall be paid by the applicant
Authorities cited
Legislation (3)
- Evidence Act, 150
- Criminal Procedure Code
- Constitution of Kenya
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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