Peter v Republic [2022] KEHC 12064 (KLR)

Peter v Republic (Criminal Revision E092 of 2022) [2022] KEHC 12064 (KLR) (7 June 2022) (Ruling)

Neutral citation: [2022] KEHC 12064 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal Revision E092 of 2022

DO Ogembo, J

June 7, 2022

Between

Gathungu Gikonyo Peter

Applicant

and

Republic

Respondent

Ruling

1. I have considered the submissions of both sides. It has been submitted that the applicant (defence) only seeks recall of PW1 for further cross-examination on a piece of evidence, before the court can made its finding under section 210 of theCriminal Procedure Code. Section 250 of the criminal Procedure Code for recall of any witness at any stage of the proceedings.

2. I am persuaded by the submissions of counsel for the applicant, that the respondent stands to suffer no prejudice should the said witness be recalled for further cross examination. In the interest of Justice, I order as follows-

i)That the application of the applicant dated 17. 5.2022, be allowed only to the extent that PW1 be recalled for further cross examination by the defence. The prosecution’s case is therefore ordered to be re-opened to that extent.ii)The trial court file to be returned to the trial court for hearing and determination.iii)I make no ordered as to costs.iv)This application dated 17. 5.2022 is accordingly marked as determined and spent.

HON. D. O. OGEMBOJUDGE7TH JUNE 2022