Republic v Mohamed Saini alias Mustafa & Osman Bako Ibrahim [2016] KEHC 8115 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL REVISION NO.121 OF 2016

REPUBLIC..........................……………......….........................APPLICANT

VERSUS

1. MOHAMED SAINI alias MUSTAFA...........................1ST RESPONDENT

2. OSMAN BAKO IBRAHIM...........................................2ND RESPONDENT

RULING

On 23rd February 2016, this court denied the Applicants bail pending trial. Further to that order, the court ordered the trial court hears and concludes the case within six (6) months from the date the order was issued. On 1st September 2016, the trial court wrote to this court requesting for an extension of time to conclude the case. The court indicated that all the witnesses in the case had testified save for five (5) prosecution witnesses.

In exercise of this court’s jurisdiction under Section 362 as read with Section 364 of the Criminal Procedure Code, this court grants the trial court a further six (6) months to conclude the hearing of the case. The court notes that the subject matter of the trial is complex. The trial court requires sufficient time to hear and determine the case. It is so ordered.

DATED AT NAIROBI THIS 6TH DAY OF SEPTEMBER 2016

L. KIMARU

JUDGE