Republic v Mwangi & 4 others (Criminal Case E016 of 2024) [2026] KEHC 3714 (KLR) (19 March 2026) (Ruling)

Facts

The prosecution witness No. 1, 2, and 3 were initially cross-examined by the accused. The 5th accused, Nicholas Chegenya Mudegu, failed to attend court and died. The charges against him were withdrawn, and the application for recall was made by the remaining accused.

Issues

1. Whether the recall of prosecution witnesses is necessary in the advancement of the cause of justice.
2. Whether the prior examination of the witnesses was incomplete or improperly conducted.
3. Whether there has been discovery of new evidence warranting a recall.
4. Whether the application is intended to further delay the conclusion of the trial.
5. Whether the parameters of the recall are well demarcated and articulated.
6. Whether the recall sought would prejudice the state and the victim's family.

Reasoning

The accused had already extensively cross-examined the witnesses and no issues arose with their evidence. The application does not show any basis for recalling the witnesses.

Outcome

Application dismissed