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REPUBLIC
V.
SGT AHMED RASHID HASSAN

(2024) JELR 112574 (HC)

High Court 3 Oct 2024 Kenya
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- The key issue was whether counsel for victims in a criminal case has a right to cross-examine prosecution witnesses after examination-in-chief. - Defence and prosecution argued that only defence may cross-examine prosecution witnesses; vi

Case Details

Suit Number:CRIMINAL CASE NO. E070 OF 2023
Judges:D. KAVEDZA, J
Counsel:Ms. Maina h/b for Gichuhi for the State. Ms. Martina h/b for Mr. Omari for the accused. Mr. Ongoya for the victims.
Location:Kibera

RULING

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'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' 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's participation in proceedings and the role is restricted.

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' counsel could only cross-examine the witness. This Court adjourned …

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