CRIMINAL DIVISION
MISCELLANEOUS CRIMINAL APPLICATION NO. E068 OF 2025
JOHN PATRICK KAGOMBE……….…………….....………APPLICANT
VERSUS
REPUBLIC……..………….…….……………………..…..RESPONDENT
RULING
1. I have considered the Notice of Motion dated 2 nd December 2025 . I have considered the submissions filed by both parties. I note that this application to reinstate the application dated 14 th November 2025 has been brought in a timely manner. The Applicant has explained the reasons why he and his advocate failed to attend court on 1 st December, 2025 . The explanation is in my view satisfactory. Further I find that the Respondents [ODPP] will not be in any way prejudiced if the application is allowed.
2. Finally I do allow Prayer (b) of the Notice of Motion dated 2 nd December 2025 . The application dated 14 th November 2025 is
hereby reinstated for hearing.
3. No orders on costs.
Dated in Nyeri this 24 th day of April, 2026.
MISCELLANEOUS CRIMINAL APPLICATION NO. E068 OF 2025 RULING Page 2 of 2
MISCELLANEOUS CRIMINAL APPLICATION NO. E068 OF 2025
JOHN PATRICK KAGOMBE……….…………….....………APPLICANT
VERSUS
REPUBLIC……..………….…….……………………..…..RESPONDENT
RULING
1. I have considered the Notice of Motion dated 2 nd December 2025 . I have considered the submissions filed by both parties. I note that this application to reinstate the application dated 14 th November 2025 has been brought in a timely manner. The Applicant has explained the reasons why he and his advocate failed to attend court on 1 st December, 2025 . The explanation is in my view satisfactory. Further I find that the Respondents [ODPP] will not be in any way prejudiced if the application is allowed.
2. Finally I do allow Prayer (b) of the Notice of Motion dated 2 nd December 2025 . The application dated 14 th November 2025 is
hereby reinstated for hearing.
3. No orders on costs.
Dated in Nyeri this 24 th day of April, 2026.
MISCELLANEOUS CRIMINAL APPLICATION NO. E068 OF 2025 RULING Page 2 of 2