REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUSIA CRIMINAL CASE NO. 40 OF 2016 KAUTA RASHID KENTRIX BARASA............................................APPLICANTS VERSUS REPUBLIC OF KENYA....................................RESPONDENT RULING 1. The applicants’ have told the Court that they have already been supplied with the investigations diary and a copy of the relevant entry in the OB. The State has indicated that the P3 form is not available as it has not been filled. The notice of motion filed on 21 st October, 2016 is now spent. 2. In order to ensure that the applicants’ case proceeds expeditiously, I now direct that they be produced before the trial Court so that their trial can proceed. If the P3 form is subsequently filled, the applicants will be entitled to a copy of the same. The complainant’s reluctance to have the P3 form filled should not be an excuse for not proceeding with the matter. As the delay appears to arise from the prosecution side, the trial Court should fix the matter for hearing on priority basis or release the applicants on reasonable bond terms. This file is now closed. Dated, signed and delivered at Busia this 20th day of March, 2017 W.KORIR, JUDGE OF THE HIGH COURT
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.