The In-charge of the High Court, Judge
Mzuna, notified the court that they were availed with the notice of
appeal, therefore both parties were summoned to appear to discuss on the
date that they would meet.
Defence Attorney, Majura Magafu had
submitted that they were in an awkward situation because to that moment
two rulings had been withheld due to the notice of appeal. Judge Mzuna
informed the defence that because the state attorney responsible was not
present and court hours were not over, therefore would be served with
proceedings upon the arrival of the prosecution.
Earlier, the matter had appeared at the
Kisutu Resident Magistrate’s Court before Senior Resident Magistrate,
Emilius Mchauru. Principal State Attorney, Shadrack Kimaro told the
court that the matter had come for mention and during the previous
session both parties had been informed to appear (today) yesterday for
necessary directives.
Magistrate Mchauru notified the court
that the file of the case had been summoned by the High Court on that
matter and they were using the duplicate file to call the case for
mention.
He wanted to know whether they should
proceed with the same trend calling the case for mention or wait for
orders from the High Court. Both the prosecution and defence had agreed
to continue with the same trend of calling the case for mention after
every two weeks in case of any announcements.
The Magistrate then directed both
parties to appear at the office of the In Charge of the High Court to
learn of the status of the case.
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