James Hindu Mburu v Republic

Mburu v Republic (Criminal Case E003 of 2026) [2026] KEHC 8360 (KLR) (21 May 2026) (Ruling) Neutral citation: [2026] KEHC 8360 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI CRIMINAL CASE E003 OF 2026 A MSHILA, J MAY 21, 2026 BETWEEN JAMES HINDU MBURU ......................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The application is dated 18th May 2026 in which the Applicant seeks an order to defer the plea pending recuperation as he has been diagnosed with hypertension and is receiving medical attention at Kenyatta University Teaching and Referral Hospital. 2. The application was opposed by both Prosecuting Counsel watching brief for the victim’s family. Both submit that the documents annexed to the application do not support hospitalization of the Applicant at the said hospital. 3. Upon this Court perusing the Court record, it is indeed noted that the supporting documents are stamped “out patient” and support the Prosecuting Counsel’s submission that there is no proof of hospitalization of the Applicant. 4. Nevertheless – the Applicant will be given the benefit of doubt upto the 13th July 2026 when he shall take plea. 5. In essence the application is found to be partially with merit and it is hereby allowed on the following conditions:a. The Applicant is granted time to recuperate. b. Plea is deferred to 13th July 2026. c. The Applicant/Accused to be in attendance physically at Voi Law Courts to take plea. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8360/eng@2026-05-21 1

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