ODPP v Mwaringa & 4 others (Miscellaneous Criminal Application E068 of 2024) [2024] KEHC 6765 (KLR) (6 June 2024) (Ruling) Neutral citation: [2024] KEHC 6765 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MALINDI MISCELLANEOUS CRIMINAL APPLICATION E068 OF 2024 SM GITHINJI, J JUNE 6, 2024 BETWEEN ODPP .......................................................................................................... APPLICANT AND KARISA MAE MWARINGA ........................................................ 1ST RESPONDENT LUCKY JOHN KATONGO .......................................................... 2ND RESPONDENT MWARINGA MAE MWARINGA ............................................... 3RD RESPONDENT JAPHET KAHINDI KAZUNGU ................................................. 4TH RESPONDENT RICHARD KAHINDI MENZA ................................................... 5TH RESPONDENT RULING Representation: Mr Mouko for the Accused Persons Ms Kambag for the state 1. I have gone through the application and the affidavit. Two of the witnesses are officers working with NIS. If they feel exposure to the public during the evidence adducing process will endanger their lives, it is only fair that they offer evidence in circumstances in which they feel safe. This won’t prejudice the defence in anyway. We know the circumstances under which NIS officers work and it’s unfair to expose them to identification by the public. The danger is not from the suspects and the fact that the suspect knows them does not therefore count. 2. We have been promised by the state that granting the orders won’t delay hearing in anyway as they will proceed on the first hearing date. The greater concern of defence which is delay is therefore sufficiently addressed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/6765/eng@2024-06-06 1
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3. The suspects are not endangered probably by the pendency of the matter as it could be on other issues. Though delay is abhorred, this should not be an issue to decline protection of a witness whom the state feels and the witnesses, that they need protection. Having said that I do order that the 3 stated witnesses be placed under protection during the hearing of the case, as sought. Application is granted as prayed. RULING READ, SIGNED AND DELIVERED AT MALINDI THIS 6TH DAY OF JUNE, 2024 .......................... S.M. GITHINJI JUDGE In the Presence of: 1. Mr Mouko for the Accused Persons 2. M/s Kambaga for the State (ODPP) https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/6765/eng@2024-06-06 2
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