Bond David Onyango v Republic [2017] KEHC 3005 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

PETITION NO. 5 OF 2017

IN THE MATTER OF ARTICLES 50(6) OF THE CONSTITUTION OF KENYA

BETWEEN

BOND DAVID ONYANGO…….PETITIONER

AND

REPUBLIC……………….....RESPONDENT

RULING

I have carefully considered the submissions made by Dr. Musumba for the petitioner and by Ms. Wafula for the respondent regarding the non-availability of documents sought by the petitioner in support of this petition.

While there is no doubt that some documents were not availed by the respondent, the court’s decision regarding the effect of such non-production on the petition will be determined together with the petition.

DATED AND DELIVERED THIS  12th DAY OF October2017

T. W. CHERERE

JUDGE

Read in open court in the presence of-

Court Assistant    - Felix

Applicant/Petitioner- Mr. Ayieko

Respondent   - Ms. Wafula