Daniel Muriuki Wanjiru v Republic [2021] KEHC 7812 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

MISC. CRIMINAL APPLICATION NO E002 OF 2021

DANIEL MURIUKI WANJIRU....................................................................APPLICANT

VERSUS

REPUBLIC.................................................................................................RESPONDENT

R U L I N G

1. The Applicant herein, DANIEL MURIUKI WANJIRU, is the Accused in Nanyuki CM Criminal Case No 1413 of 2018 where he is facing seven (7) counts of robbery with violence contrary to section 296(2)of the Penal Code.  He has stated that already nine (9) prosecution witnesses have testified, and that a similar number remain to testify.  He has applied herein for him to be supplied with a defence counsel at that trial at public expense.  The Republic has no objection.  A similar application before the trial court was refused.

2. A single count of robbery with violence contrary to section 296(2) of the Penal code would be a serious enough case for any accused person to want the assistance of a defence counsel, let alone a case with seven (7) such counts!  At any rate, by dint of Article 50(2) (h) of the Constitution of Kenya, 2010 an accused person is entitled to a defence counsel at public expense where he cannot afford one himself.  There is no suggestion from the court below that the Applicant herein can afford to hire counsel himself.

3. I therefore have no hesitation at all in allowing the Applicant’s application.  The Deputy Registrar is hereby directed to assign a defence counsel to the Applicant for his on-going trial in Nanyuki CM Criminal Case No 1413 of 2018.  Once that is done, the temporary stay of those proceedings given by this court herein on 22/03/2021 shall stand vacated to enable the trial to proceed to its logical conclusion.  It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 14TH DAY OF APRIL 2021

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 15TH DAY OF APRIL 2021