COUNSEL FOR REPUBLIC: I have before the court a motion on notice for the accused persons to be tried in absentia filed on 19th September, 2024. I move in terms of the motion paper and the supporting affidavit. I rely on all my averments as contained in the affidavit in support particularly paragraphs 6-17.
Article 19 of the 1992 constitution provides that for a person to be tried in court, he should appear in court for the trial. Upon this, the prosecution has done everything possible by issuing a hearing notice to the accused persons as the documents are attached to the application but they refused that opportunity. Again, we were in this court to apply for an order for bench warrant for the accused persons to be brought to court. the accused persons refused this opportunity by making sure that they evaded arrest. As regards the article 19 (a) and (b) of the 1992 constitution we have made it possible for the accused to appear in court but they have abused those opportunity. He has put…