Case ID:184680

Director of Public Prosecutions v Gerishon Lujitio Majanja [2021] eKLR

Case Metadata

Case Number:

Criminal Revision E048 of 2021

Parties:

Director of Public Prosecutions v Gerishon Lujitio Majanja

Date Delivered:

29 Oct 2021

Case Class:

Criminal

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

Director of Public Prosecutions v Gerishon Lujitio Majanja [2021] eKLR

Court Division:

Criminal

County:

Kakamega

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

CRIMINAL REVISION NO. E048 OF 2021

DIRECTOR OF PUBLIC PROSECUTIONS

……….…..….……APPLICANT

VERSUS

GERISHON LUJITIO MAJANJA

……...……………....…….RESPONDENT

RULING

1. These proceedings were sparked off by a letter that I received from the Office of Director of Public Prosecutions, dated 5

th

July 2021, with respect to proceedings that had been conducted in Kakamega CMTRC No. 208 of 2021.

2. The issues raised touch on furnishing the accused with witness statements. That was not done before plea was taken, or on the date plea was taken, and a mention date had been given for that purpose. Come that day, witness statements were not made available to the accused, whereupon the State sought to withdraw the prosecution under section 87(a) of the Criminal Procedure Code, Cap 75, Laws of Kenya. That was rejected by the court, which dismissed the charges under section 202 of criminal procedure code instead. It is argued that the trial court made an error in that regard.

3. I have perused the record. Before I make final orders, I would like to hear representations from the parties. For that purpose, I hereby direct that the matter be mentioned on 6

th

December 2021, before the Judge who shall be handling criminal matters on that date, for further directions. The parties should have filed their respective skeletal submissions by then.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29

th

DAY OF October 2021

W MUSYOKA

JUDGE