JOSEPH LENDRIX WASWA V. REPUBLIC

JUDGMENT OF THE COURT

A. INTRODUCTION

1. This Petition of Appeal is dated 3rd July 2019 and was filed on 9th July 2019.

The Appellant has appealed under Article 163(4) (a) of the Constitution and Rules 3, 9 and 33 of the Supreme Court Rules, 2012 challenging the decision of the Court of Appeal which upheld the decision of the High Court which permitted the Counsel engaged by the victim of the crime to participate in the trial of the Appellant on specified terms. He seeks declarations that the Ruling of the High Court that was upheld by the Appellate Court, is inconsistent with Articles 259 (1), 10, 20 (1), 20 (2), 20(3) 20 (4) of the Constitution; and that the exercise of the full power of a Court as provided by the Criminal Procedure Code (CPC) by a victim or his representative is inconsistent with Articles 50 (1)& (2) and 157 of the Constitution.

B. BACKGROUND

2. The genesis of this matter is a Ruling of the High Court at Bungoma (Ali-Aroni, J) delivered on 17th August, 2017 in Criminal …