Republic v Dancan Livingstone Kimanthi & Winnie Wanjiku [2021] KEHC 654 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

HIGH COURT CRIMINAL CASE 50 OF 2012

REPUBLIC...................................................................................................APPLICANT

VERSUS

DANCAN LIVINGSTONE KIMANTHI................................................1ST ACCUSED

WINNIE WANJIKU.................................................................................2ND ACCUSED

DIRECTIONS

1. Pursuant to the perusal of the record herein, I note that, the matter herein was brought to Court on 10th July 2012.  So far, a total of twelve (12) witnesses have been heard between 26th May 2014, to 28th October 2015.  On 1st March 2017, the 2nd accused was reported absent.  A warrant of arrest was then issued against her.  To date, she has not been arrested despite several extensions thereof, and notice to show cause to the surety on 29th July 2019, the Counsel for the 1st accused sought that, the case against the 2nd accused be withdrawn and that against the 1st accused proceeds.  On the 15th October 2019, the 2nd accused’s surety sought for time the avail the 2nd accused but has not returned to court.

2. This matter is part-heard before Hon. Lady Justice R Koirir.  There is need to establish whether the 2nd accused has been traced or not, to enable final orders be issued on the continuity of the matter.  The Court ordered for DCIO Kasarani to be summoned to Court but summons were not served.  Hon. Deputy Registrar has to ensure Court orders are executed.  Failure to do so amounts to contempt.  There should be confirmation of service of summons and the availability of the DCIO forthwith.

It is so directed.

DATED, DELIVERED VIRTUALLY AND SIGNED ON THIS 17TH DAY OF DECEMBER 2021.

GRACE L. NZIOKA

JUDGE

17th December 2021

In the presence of:

Ms Ogweno for the State

Mr Kangathi for the 1st accused

1st accused present

2nd accused – absent

Edwin Ombun – Court Assistant