The matter is certified as urgent. I have given directions as hereunder: -
1. The matter shall be heard on 12/9/2023 before justice Wangari on 12/9/2023.
2. The probation department to prepare a pre-bail report and indicate in the report the age and the views of the complainant.
3. I note that the Applicant was charged with defilement contrary to section 8(1) as read with 8(4) of the SO Act.
4. The Applicant pleaded guilty and changed plea to a plea of not guilty. He was released on 300,000/= bond together with surety. He states he has been able to raise only 50,000/=. The amount is not useful as this was not cash bail. He states that he has been unable to meet bond terms. To him the court did not bother to ask for social economic report before imposing the bond terms.
5. I do not know whether the Plaintiff requested or the same. I cannot know the same before perusing the file. He states that he is a 21-year old teenager(sic). I have been thinking teenage ends at 19. He states that the purported complainant is also an adult. He annexed the complainant’s birth certificate.
6. To enable the court deal with the matter, it is imperative that I hear the parties and also have the views of the probation department.
7. I therefore order as follows: -
a. The probation department files its report before 10/9/2023. In the report, the views of the complainant be noted.
b. The trial court be availed for perusal and further directions.
c. Interpartes hearing on 12/9/2023 before court 5 during the vacation.
d. The dpp be served.
1. The matter shall be heard on 12/9/2023 before justice Wangari on 12/9/2023.
2. The probation department to prepare a pre-bail report and indicate in the report the age and the views of the complainant.
3. I note that the Applicant was charged with defilement contrary to section 8(1) as read with 8(4) of the SO Act.
4. The Applicant pleaded guilty and changed plea to a plea of not guilty. He was released on 300,000/= bond together with surety. He states he has been able to raise only 50,000/=. The amount is not useful as this was not cash bail. He states that he has been unable to meet bond terms. To him the court did not bother to ask for social economic report before imposing the bond terms.
5. I do not know whether the Plaintiff requested or the same. I cannot know the same before perusing the file. He states that he is a 21-year old teenager(sic). I have been thinking teenage ends at 19. He states that the purported complainant is also an adult. He annexed the complainant’s birth certificate.
6. To enable the court deal with the matter, it is imperative that I hear the parties and also have the views of the probation department.
7. I therefore order as follows: -
a. The probation department files its report before 10/9/2023. In the report, the views of the complainant be noted.
b. The trial court be availed for perusal and further directions.
c. Interpartes hearing on 12/9/2023 before court 5 during the vacation.
d. The dpp be served.