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REPUBLIC V. SGT AHMED RASHID HASSAN

(2024) JELR 112574 (HC)

High Court  •  CRIMINAL CASE NO. E070 OF 2023  •  3 Oct 2024  •  Kenya

Coram
D. KAVEDZA, J

Appearances
Ms. Maina h/b for Gichuhi for the State. Ms. Martina h/b for Mr. Omari for the accused. Mr. Ongoya for the victims.

Judgement
<p style="text-align: center"><strong><u>RULING</u></strong></p><p style="text-align: justify">1. On 12th of June 2024 when this matter came up for hearing, counsel for the victims, Mr Ongoya, rose to cross-examine one of the prosecution&#x27;s witnesses, Lucas Ongaya (PW3). Mr Nyaberi and Dunstan Omari (for the accused person) objected to the cross-examination by Mr Ongoya arguing that only the defence should cross-examine prosecution witnesses and further, that the victims&#x27; counsel only has the right to re-examine. This view was shared by Ms. Gichohi for the Director of Public Prosecution (DPP) who equally argued that the Supreme Court has settled the law on the victim&#x27;s participation in proceedings and the role is restricted.</p><p style="text-align: justify">2. Mr Ongoya however was emphatic that nothing in the law prevents him from cross-examining a State witness since the Evidence Act provides for only two modes of examination; examination in chief and cross­ examination, and therefore, the state having led evidence in chief, the victims&#x27; counsel could only cross-examine the witness. This Court adjourned …</p>

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