REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO CRIMINAL CASE NO.36 OF 2009 REPUBLIC...........................................................PROSECUTION VERSUS PAULINE CHEMUTAI BII...............................................ACCUSED COURT OBSERVATION This matter is coming up for Ruling today but I have not been able to prepare the said Ruling for the following reasons; • SIMON KIBET who testified as PW2 was stood down in the process of cross-examination by the defence Counsel Mr. C.K.Korir on 8th March, 2011. • The reason for standing him down was that he fell ill while in the witness box and the Court could not allow him to proceed. • I have gone through the record and have not found any evidence showing that the said witness was ever recalled for the completion of that process of cross-examination. • I appreciate that this is an old matter which has been handled by three (3) Judges, two defence Counsels and several prosecutors, hence the high chances of such omissions. • The evidence of this witness has been submitted on by the defence, yet cross-examination of him was not completed. • It would be in interest of justice in this case that the Prosecution case be reopened to allow this witness to be recalled for purposes of cross-examination and re-examination. • But before I do that I wish to hear from the State and the defence on the same issue. Dated, signed and delivered in open court this 12th day of June, 2015. H.I.ONG'UDI JUDGE
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