Director of Public Prosecutions v Tawa (Criminal Case 010 of 2023) [2023] KEMC 264 (KLR) (8 May 2023) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 264
- Citation
- [2023] KEMC 264 (KLR)
- Decided
- 8 May 2023
The court finds that the right to fair trial is paramount and should remain as sacred as Article 25(c) of the Constitution of Kenya declares it to be. The court declines to compel the medical practitioner to write a witness statement in advance.
Facts
The accused is facing charges of delement contrary to Section 8(1) of the Sexual Offences Act No. 3 of 2006. The particulars state that the accused unlawfully and intentionally caused his penis to penetrate the anus of a 15-year-old girl on September 2022.
Issues
- Whether the court should compel a medical practitioner to write a witness statement in advance of the trial.
- Whether the court's ruling would infringe on the medical practitioner's autonomy and the right to fair trial of the accused.
Reasoning
The court acknowledges the importance of the right to fair trial but also recognizes the autonomy of medical practitioners. The court concludes that compelling a medical practitioner to write a witness statement in advance would infringe on the latter's autonomy and the sanctity of the right to fair trial.
Outcome
Application dismissed.
Authorities cited
Legislation (3)
- Sexual Offences Act No. 3 of 2006
- Evidence Act
- Constitution of Kenya
Cases cited (2)
- Ahmed Abdullahi Maalim -v- Republic
- Thomas Chomodley -v- Republic
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