JOEL MUTISYA MWANZA V. REPUBLIC

JUDGMENT OF THE COURT

In the course of Joel Mutisya Mwanza’s trial for the offence of murder contrary to section 203 as read with section 204 of the Penal Code, the prosecution applied for the adjournment on the ground that certain witnesses who had been duly bonded were not present in court. There was no explanation as to their non-attendance. By then only four witnesses had testified. The trial Judge, Wendoh J., declined an adjournment on, amongst other reasons, that the prosecution had previously been granted an adjournment for the same grounds. She concluded her ruling as follows:-

“A police officer from another station has been sent with the police file- noted laxity and irresponsibility on the part of the investigating officer and officer in charge station (sic). They are not interested in the case though it is a very serious case where one lost his life. But the charge has not been proved against the accused. The Court will not allow any further adjournment.”

Mr. Omirera, State co…