' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL CASE NO. E034 OF 2021
REPUBLIC…………………………………………………………………… PROSECUTOR
VERSUS
EDWIN SIWOTWO CHEMINIGWA & 4 OTHERS …………….……………. ACCUSED
RULING
1. Whereas this case is coming for defense hearing Mr. Elly Majimbo who is holding brief for Mr. Makokha for defense has informed the court that Mr. Makokha is engaged in a public procurement meeting in Naivasha and that notice of the said meeting came to his attention late last week. He undertakes to avail proof thereof in due course.
2. Ms. Kibet for the state has opposed this application on ground that this is an old case, that the defense counsel has perennially been absenting himself and that no prove of attendance to a meeting outside Bungoma has been adduced. She prays that the defense be ordered to close the case or Mr. Majimbo be ordered to proceed with the defense case.
3. I have duly considered the application by the defense and the opposition put forth by the state and I do note that the accused person faces a serious charge of murder and the state is duty bound to provide him with a pro bono advocate. Mr Makokha was appointed as such to represent the accused person. He is the one who is versed with the accused person’s brief and is the one who has the conduct of this case. This court cannot therefore accept this invitation by the state, to force Mr Majimbo to conduct the defense yet he is not the appointed pro bono advocate and has no instructions from Mr Makokha to conduct the defense. The right of the accused person to a fair hearing as per article 50 of the constitution has to be protected at all times.
4. On the balance I will allow the adjournment sought by the defense and I reschedule the defense hearing to 13.5.2026.
Delivered, signed, and dated at Bungoma this 1st day of December, 2025.
MWANAISHA S. SHARIFF
JUDGE
'
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL CASE NO. E034 OF 2021
REPUBLIC…………………………………………………………………… PROSECUTOR
VERSUS
EDWIN SIWOTWO CHEMINIGWA & 4 OTHERS …………….……………. ACCUSED
RULING
1. Whereas this case is coming for defense hearing Mr. Elly Majimbo who is holding brief for Mr. Makokha for defense has informed the court that Mr. Makokha is engaged in a public procurement meeting in Naivasha and that notice of the said meeting came to his attention late last week. He undertakes to avail proof thereof in due course.
2. Ms. Kibet for the state has opposed this application on ground that this is an old case, that the defense counsel has perennially been absenting himself and that no prove of attendance to a meeting outside Bungoma has been adduced. She prays that the defense be ordered to close the case or Mr. Majimbo be ordered to proceed with the defense case.
3. I have duly considered the application by the defense and the opposition put forth by the state and I do note that the accused person faces a serious charge of murder and the state is duty bound to provide him with a pro bono advocate. Mr Makokha was appointed as such to represent the accused person. He is the one who is versed with the accused person’s brief and is the one who has the conduct of this case. This court cannot therefore accept this invitation by the state, to force Mr Majimbo to conduct the defense yet he is not the appointed pro bono advocate and has no instructions from Mr Makokha to conduct the defense. The right of the accused person to a fair hearing as per article 50 of the constitution has to be protected at all times.
4. On the balance I will allow the adjournment sought by the defense and I reschedule the defense hearing to 13.5.2026.
Delivered, signed, and dated at Bungoma this 1st day of December, 2025.
MWANAISHA S. SHARIFF
JUDGE
'