the trial: THE HEARING PROCESS

Question 1

Absence of the accused?

Complainant?

Answer 1

presence of accused = fundamental right (A.50.2f) unless it’s a misdemeanour. this is stated in s.206 where misdemeanours can continue without the accused. if a felony, then the court issues an arrest warrant for the accused.

complainant: s.202 says absence of the accused lead to an acquital or adjournment of hearing.
complainant refers to the republic or person who filed the complaint.
The court in the first instance adjourns and if the accused still is not present the 2nd time, then charges are dismissed as S.206(1) states. CASE? R v Mwaura

Question 2

cpc sections on hearing process?

Answer 2

s.202- 218

Question 3

cases? 1

Answer 3

R v Mwaura: stated that absence of the complainant should not result to an acquital but compensation due to public interest. Unless the absence of the complainant proves its delibarate and repetitive.

Question 4

adjournment?

Answer 4

s.205
Afforded to the accused and complainant.
For the accused, it afforded to them under a.50(2c) for them to prepare a defence.

the right to be afforded time to put a defence vs right for a trial to be conducted within a reasonable time are in friction. Therefore, S.205 puts a time frame of 30 days or 15 when accused is in prison.

Question 5

conducting of hearing procedure?

Answer 5

prosecutor; s.300 -306
defence; s.307-311

prima facie case?

• yes= accused defence (s.211)
• No= acquital (s.210)

rendering of evidence? s.145 of evidence act (3 types + leading questions) /s.155(2) cpc

Question 6

types of witnesses? difficult (2) and special (3)

Answer 6

DIFFICULT:

1. Hostile: Give evidence contrary to the party that called upon them. They harm prosecutor’s case.
2. Refractory: found in s.152 of cpc. They refuse to give evidence, sworn, answer questions etc.

SPECIAL:

1. deaf/dumb: s. 127 of EA
2. children: s.2 children act
3. lunatics: s.162 of CPC