1. Article 50 (2) of the Constitution guarantees the accused to a fair trial. Part of this right is access to reasonable conditions to conduct his defence. Mr. Mackenzie, learned defense counsel is not ready to proceed as he had lost contact with the accused for three months. It may seem convenient but I also note that the accused is out on bond.
2. The course that I mentioned of justice however equally applies to the prosecution and to the victims. Delays in concluding the trial lead to witness fatigue and added costs to witnesses. Two of those witnesses have travelled from Mombasa (today) and from Maralal (previously).
3. The court must strike a balance. I am satisfied that it would defeat justice to compel Mr Mackenzie to proceed when he is obviously unprepared. The trial is accordingly adjourned to 21/09/2026 in open court at 10.30 am or thereabouts. Accused shall appear. All witnesses be bonded. Witnesses summons shall issue to; (a) Mutuku Maingi (b) Kevin Wambua (c) Victor Kyalo Ndoo and (d) Stephen Munguti. Traveling and subsistence allowances shall be paid for 2 days to Johnson Musee Katuti who has travelled from Mombasa.
DATED , SIGNED and DELIVERED at NAIROBI this 21 st day of JULY 2026.
KANYI KIMONDO
JUDGE
2. The course that I mentioned of justice however equally applies to the prosecution and to the victims. Delays in concluding the trial lead to witness fatigue and added costs to witnesses. Two of those witnesses have travelled from Mombasa (today) and from Maralal (previously).
3. The court must strike a balance. I am satisfied that it would defeat justice to compel Mr Mackenzie to proceed when he is obviously unprepared. The trial is accordingly adjourned to 21/09/2026 in open court at 10.30 am or thereabouts. Accused shall appear. All witnesses be bonded. Witnesses summons shall issue to; (a) Mutuku Maingi (b) Kevin Wambua (c) Victor Kyalo Ndoo and (d) Stephen Munguti. Traveling and subsistence allowances shall be paid for 2 days to Johnson Musee Katuti who has travelled from Mombasa.
DATED , SIGNED and DELIVERED at NAIROBI this 21 st day of JULY 2026.
KANYI KIMONDO
JUDGE