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Original judgment

Republic v Morris Toto Makulo

Republic v Makulo (Criminal Case E005 of 2025) [2026] KEHC 531 (KLR) (20 January 2026) (Ruling) Neutral citation: [2026] KEHC 531 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL CASE E005 OF 2025 MS SHARIFF, J JANUARY 20, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND MORRIS TOTO MAKULO ......................................................................... ACCUSED RULING 1. Whereas this case was scheduled for hearing of the prosecution’s case, Mr Otieno has applied for an adjournment on grounds of unavailability of witnesses. 2. Mr Wanjala is not opposed to the application save that it be marked as the last one, given that it is the 3rd application by the state of a similar nature. 3. I have duly considered the said application and I do note from the court record that indeed this is the 3rd time that the state has failed to avail its witnesses. I thus allow the application and mark it as the last adjournment on the part of the prosecution. 4. Hearing is adjourned to 18.5.2025. DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 20TH DAY OF JANUARY, 2026. MWANAISHA S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/531/eng@2026-01-20 1

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