Republic v Omondi (Criminal Case E025 of 2025) [2025] KEMC 406 (KLR)
The bottom line
#A Kenyan court confirmed that if you run away from your criminal trial, it can continue and convict you in your absence.
What this practically means
#Executive summary
#Key legal issues
#Trial in absentia after the accused absconds
The court invoked Article 50(2)(f) of the Constitution, as applied in Republic v Galma Abagaro Shano, to proceed despite section 206(1) of the Criminal Procedure Code restricting such proceedings to misdemeanours
Section 206(1) of the Criminal Procedure Code, on a plain reading, permits trial in absentia only for misdemeanours, while the charge here (ten-year sentence) is a felony. However, Article 50(2)(f) makes no such distinction, and any law inconsistent with the Constitution is invalid to that extent. The court adopted the reasoning in Galma Abagaro Shano and Joshua Chacha Moronge, and Price v State, holding that an absconding accused waives the right to be present. The accused was present when the hearing date was fixed, then absconded and could not be arrested on warrants, making his attendance impossible.
Possession of narcotic drugs contrary to section 3 of the Narcotic Drugs and Psychotropic Substances (Control) Act
The prosecution proved possession of 30 rolls of bhang intended for personal consumption beyond reasonable doubt
PW1 and PW2 testified that the Accused was arrested in possession of 30 rolls of bhang, corroborated by the inventory and Government Analyst Report. PW1 testified the Accused said the bhang was for personal use, and that evidence was not displaced on cross-examination. With no defence evidence to cast reasonable doubt, the ingredients of the offence under section 3 were established.
Legal principles established
#- Where an accused person wilfully absconds, the court may proceed with the trial in their absence regardless of whether the offence is a felony or misdemeanour, since section 206(1) of the Criminal Procedure Code is inconsistent with Article 50(2)(f) of the Constitution
Court orders
#- 1.The Accused Person is convicted under Section 215 of the Criminal Procedure Code for the offence of being in possession of bhang contrary to Section 3(1) as read with Section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act
- Jurisdiction invoked
- Criminal jurisdiction under the Criminal Procedure Code and Article 50(2)(f) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Omondi (Criminal Case E025 of 2025) [2025] KEMC 406 (KLR)", Case Analysis (2025). Kitale CMC CR. No. E1634 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/406/eng@2025-10-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.