Kole v Republic (Miscellaneous Criminal Application E039 of 2025) [2025] KEHC 18029 (KLR) (2 December 2025) (Ruling) Neutral citation: [2025] KEHC 18029 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI MISCELLANEOUS CRIMINAL APPLICATION E039 OF 2025 AN ONGERI, J DECEMBER 2, 2025 BETWEEN ALFRED MAGANGA KOLE .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The application dated 25th November 2025 was seeking to stop proceedings in Wundanyi Sexual Offence Case No. E005 of 2023 where the defence Counsel is alleging that the prosecutor was tampering with witnesses. 2. The Ruling has already been delivered and that application has already been overtaken. 3. If the defence Counsel is seeking to stop the case from proceeding to defence hearing he is at liberty to file a fresh application which the court will consider on its own merit. 4. The application to amend the application is rejected since the orders sought have been overtaken. DATED, SIGNED AND DELIVERED THIS 2ND DAY OF DECEMBER 2025 IN OPEN COURT AT VOI HIGH COURT. ASENATH ONGERI JUDGE In the presence of:Court Assistant: Mabishi/Millicent State Counsel: Mr. Ngigi Mr. Mwazighe for the Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18029/eng@2025-12-02 1
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