Court Directions given on 27th September, 2024
1. This matter is closely related to HC Misc. Criminal Application No. E104/2023. In the latter matter, the applicant seeks for transfer of Siaya CM (S.O) Case No. 51/2020 from Siaya to another court of competent jurisdiction.
2. The Sexual Offence Case is part heard with three witnesses who testified. In this matter, the ODPP seeks for revision of the ruling by Hon. B. Limo, PM on 19/5/2022 wherein he directed that the hearing of the Sexual Offence Case No. 51/2020 shall be heard denovo.
3. The ODPP is challenging that decision on account that the witnesses who testified were cross examined extensively and that they cannot be found.
4. Directions were given in Misc. Cr E104/2024 staying the application for transfer of the Sexual Offence Case 51/2020 until this revision matter by ODPP is heard and determined. I agree.
5. I now direct that this matter shall be heard inter partes on 12/11/2024.
6. Registry to serve both parties and a production order to issue for the accused.
I so direct.
1. This matter is closely related to HC Misc. Criminal Application No. E104/2023. In the latter matter, the applicant seeks for transfer of Siaya CM (S.O) Case No. 51/2020 from Siaya to another court of competent jurisdiction.
2. The Sexual Offence Case is part heard with three witnesses who testified. In this matter, the ODPP seeks for revision of the ruling by Hon. B. Limo, PM on 19/5/2022 wherein he directed that the hearing of the Sexual Offence Case No. 51/2020 shall be heard denovo.
3. The ODPP is challenging that decision on account that the witnesses who testified were cross examined extensively and that they cannot be found.
4. Directions were given in Misc. Cr E104/2024 staying the application for transfer of the Sexual Offence Case 51/2020 until this revision matter by ODPP is heard and determined. I agree.
5. I now direct that this matter shall be heard inter partes on 12/11/2024.
6. Registry to serve both parties and a production order to issue for the accused.
I so direct.