Kirti Ranwal Vanga v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL REVISION NO. 74 OF 2013 KIRTI RANWAL VANGA …......…........................................….. APPLICANT VERSUS REPUBLIC ……….……....................................................…RESPONDENT RULING By way of a letter dated 9th July, 2013 addressed to Court the applicant prays that the three witnesses who testified on 24th May, 2013 in the absence of Counsel be recalled for purposes of crossexamination. I have called for Criminal Case No. 2198 of 2012. Republic – Vs- Kirti Ranwal Vanga and I have perused the same and I am satisfied that on 24th May, 2013 three witnesses did testify in the absence of counsel for the Accused. They were not cross-examined. An application was made on 25th June, 2013 for recalling them which application was rejected citing article 159 (2) (a)(b) and (d) of the Constitution. The trial Court does not appear to have balanced as it ought to have done the need for a quick disposal of the hearing with the provisions of article 50 of the same Constitution for a fair hearing. One of the cardinal principles of natural justice is to hear the other party. The application for recalling of the witnesses was meritorious. It ought to have been granted. The order rejecting the application is hereby varied to the extent that the the three wittinesses who had testified and were not cross-examined be recalled for purposes of cross-examination only. Ruling delivered dated and signed this 16th day of December, 2013. …................... M. MUYA JUDGE 16TH DECEMBER, 2013 In the presence of:-

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