Case ID:201267

Republic v Noor & another (Criminal Case 15 of 2019) [2022] KEHC 12322 (KLR) (20 June 2022) (Ruling)

Case Metadata

Case Number:

Criminal Case 15 of 2019

Parties:

Republic v Noor & another

Date Delivered:

20 Jun 2022

Case Class:

Court:

High Court at Mombasa

Case Action:

Ruling

Judge(s):

Anne Colleta Apondi Ong’injo

Citation:

Republic v Noor & another (Criminal Case 15 of 2019) [2022] KEHC 12322 (KLR) (20 June 2022) (Ruling)

Court Division:

Criminal

County:

Mombasa

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 v Noor & another (Criminal Case 15 of 2019) [2022] KEHC 12322 (KLR) (20 June 2022) (Ruling)

Neutral citation:

[2022] KEHC 12322 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 15 of 2019

ACA Onginjo, J

June 20, 2022

Between

Republic

Prosecutor

and

Paul Abdul Noor

1

st

Accused

Fikirini Juma Hassan

2

nd

Accused

Ruling

1.

Bail Information Reports dated 21

st

March 2022 in respect of accused persons has been considered.

2.

A1 was remanded at the Likoni Children’s Remand Home from where he escaped and from 8

th

October 2019 to 26

th

February 2021 he was at large. He is currently serving a sentence for escape from custody that will end on 2

nd

July 2022.

3.

A1 having escaped from custody has demonstrated that he is a flight risk considering that there are also vulnerable witnesses who have not testified this court cannot release A1 on bond.

4.

The prison authority should consider enrol him in school so he can atleast sit for class 8 exams.

5.

A2 Fikirini Juma Hassan’s bail information Report is also not favourable for reasons circumstances have not changed to warrant renew of ruling on bond application.

6.

Application by A2 for review of terms is declined. A2 will also remain in custody.

7.

Hearing on 20/06/22 and 22/06/2022.

RULING DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 20

TH

DAY OF JUNE 2022

HON. LADY JUSTICE A. ONG’INJO

JUDGE

In the presence of:-

Ogwel – Court assistant

Mr. Ngiri for State

A1 – Present in person

A2 – Present in person

Ms. Mwenja Advocate for A1 – No appearance

Ms. Nabwana Advocate for A2

HON. LADY JUSTICE A. ONG’INJO

JUDGE

Mr. Ngiri – We have confirmed 3 witnesses will be present.

Order – Hearing later.

HON. LADY JUSTICE A. ONG’INJO

JUDGE

20/06/2022

Later at 10.52am

Ms. Mwenja Advocate hold brief Mr. Kahindi for A1

Ms. Nabwana Advocate for A2

Ms. Mwenja

I have just learnt the matter is coming up today. Mr. Kahindi was not aware of todate hearing. The last time I was in court there were warrant of arrest for A1. We were never informed he had been arrested. We have never been supplied with documents in this matter.

Mr. Kahindi is not ready to proceed with the matter and requests to be discharged but I will take over. I request to be supplied with documents. I also request for adjournment I sincerely apologize to the court and the Accused persons for the inconvenience.

Court

It appears that A1 escaped from custody before plea was taken information read to accused persons afresh and particulars explained in Kiswahili language which they understand and they reply:-

A1 – Not true

A2 – Not true

Court

Plea of not guilty entered for both accused persons. In consideration that A1 had not taken plea and statements and documentary exhibits had not been supplied to A1’s counsel this court hereby defers the matter to a later date.

Order

Hearing – 22/6/2022

Copies of statements to be supplied to Ms. Mwenja’s Advcoate. Deputy Registrar to regularize appointment of Ms. Mwenja as advocate to A1.

The witnesses in court:-

Mebakari Ali

Masudi Ali

Alfan Juma

To be paid Kshs.400/= each being transport from & to Ng’ombeni.

HON. LADY JUSTICE A. ONG’INJO

JUDGE

20/06/2022