BENJAMIN MBITHI KAVEVA V. REPUBLIC

RULING OF THE COURT

This matter was before us today for learned counsel Mr Odhiambo to show cause as to why action should not be taken against him for failing to attend Court on 20th January 2014. Mr Odhiambo has now explained that he had to travel to Asembo in Siaya County to attend the funeral of his nephew's mother in law which took place on the 18th January 2014 and that he arrived back late on 20th January as they experienced difficulties whilst travelling back.

We appreciate the explanation and note that attending the funeral may be part of Mr Odhiambo's social responsibility. However that social responsibility cannot be undertaken at the expense of his legal and professional responsibility particularly in a situation where someone is in custody with his life hanging in the balance. We therefore wish to caution Mr Odhiambo that such an explanation will not be acceptable to the Court next time.

We note that the appellant has expressed a strong wish not to be represented by Mr Odhiam…