Republic v Situma (Criminal Case E015 of 2021) [2025] KEHC 12796 (KLR) (18 September 2025) (Ruling) Neutral citation: [2025] KEHC 12796 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA CRIMINAL CASE E015 OF 2021 WM MUSYOKA, J SEPTEMBER 18, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND WILSON SIMIYU SITUMA ........................................................................ ACCUSED RULING 1. The issue of existence of the file in Kitale CMCCRC No. 3600 of 2021, Republic vs Wilson Simiyu Situma, has come up several times in the matter, on the basis that it has a bearing of these proceedings. 2. An order was made herein for the said file to be made available, for the purpose of perusal, to ascertain whether it has a bearing on these proceedings, and if so, so that the defence can rely on its proceedings, to advance its case. 3. The order was extracted and made available to the Kitale Court, but the said file was not availed, neither was there a response, from the Kitale Court, indicating whether or not such a file existed. 4. A follow-up letter was written, addressed to the Chief Magistrate, Kitale, dated 8th August 2025, requesting for that file, but to date that file has not been availed, nor that letter responded to. 5. It refiects very badly on the Judiciary when a Court is not willing to obey Court Orders, yet litigants are expected to. That reeks of double standards. Justice cannot be done in this matter until the Chief Magistrate’s Court, Kitale, either avails the said file or indicates that the file never existed. 6. I order that a certified copy of this ruling be served upon the Chief Magistrate, at Kitale, by a Court process server. 7. I also take the liberty of directing the Deputy Registrar, Busia High Court to forward a certified copy of this ruling to the Deputy Registrar, Kitale High Court, for placing before the Judge at Kitale, for the High Court Kitale supervises the Chief Magistrate’s Court at Kitale. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12796/eng@2025-09-18 1
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8. I trust that shall bring this sorry state of the matter and this saga to a close. 9. The accused person herein was put on his defence on 31st July 2023, and since then the defence hearing has not taken off, as the matter of the availability or existence of that file is critical to the defence. 10. The matter shall be mentioned on 3rd November 2025. RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS 18TH DAY OF SEPTEMBER 2025. WM MUSYOKA JUDGE Mr. Arthur Etyang, Court Assistant. Advocates Mr. Antony Onanda, instructed by the Director of Public Prosecutions, for the Republic. Mr. Otieno, Advocate for the accused person. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/12796/eng@2025-09-18 2
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