REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MILIMANI CRIMINAL MISC APPL. NO. E104 OF 2026. ABDUL HASSAN TAHALIL------------------------------------------- APPLICANT VERSUS DIRECTOR OF PUBLIC PROSECUTION-------------------1ST RESPONDENT DIRECTORATE OF CRIMINAL INVESTIGATIONS----2ND RESPONDENT RULING The matter came up for Hearing today but the applicant was not ready to proceed. They requested for another date to prosecute the application. The Interested party was opposed to any extension of the stay orders stating that the applicant is bent on stalling the lower court matter. The argument being that the intention of the Applicant is to delay the trial. The complainant has been before this court and she obviously is a lady who is within the bracket of persons contemplated under Article 57 of the Constitution. The court has observed that from her demeanor, she is willing to appear before any court and testify. This court is thus not inclined to extend the stay orders considering her advanced age. If the applicant has any issue about NAIROBI HC CR MISC Appl. E 104 OF 2026 Abdul Hassab Tahalil –vs DPP & Ano.
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her identity, that should be an issue for the trial court during the hearing. Fair hearing is not only for the accused persons in a trial but also for the victims too. No prejudice will be suffered by the accused if the complainant appears and testifies in the lower court. The Applicant will have an opportunity to cross examine her on all issues in line with the provisions of Article 50 (2) of the Constitution. It is unfair to keep a litigant of the complainants age waiting as parties canvass legal issues before this court. Let the complainant have her day in court and the Applicant will still have an opportunity to canvass the legal issue they raise in their application before this court at a later date. The matter is adjourned to 24th September 2026 for Hearing. The trial in the lower court shall proceed without delay and the prosecution should avail the complainant at the first instance before the trial court to give evidence. It is so ordered. DATED, SIGNED and DELIVERED VIRTUALLY at NAIROBI this 17th day of AUGUST 2026. NAIROBI HC CR MISC Appl. E 104 OF 2026 Abdul Hassab Tahalil –vs DPP & Ano.
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A. M. MUTETI JUDGE In the presence of: Habiba: Court Assistant Kubo for the Applicant Mogere for the Respondent NAIROBI HC CR MISC Appl. E 104 OF 2026 Abdul Hassab Tahalil –vs DPP & Ano.
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