Patrick Wanzala Mulwoto v Republic [2020] eKLR Case Summary

Court
High Court of Kenya at Kakamega
Category
Criminal
Judge(s)
Justice W. Musyoka
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Patrick Wanzala Mulwoto v Republic [2020] eKLR, highlighting key legal insights and implications for justice. Perfect for legal professionals and students alike.

Case Brief: Patrick Wanzala Mulwoto v Republic [2020] eKLR

1. Case Information:
- Name of the Case: Patrick Wanzala Mulwoto v. Republic
- Case Number: Criminal Revision No. 33 of 2018
- Court: High Court of Kenya at Kakamega
- Date Delivered: 2nd October 2020
- Category of Law: Criminal
- Judge(s): Justice W. Musyoka
- Country: Kenya

2. Questions Presented:
The court must resolve whether the criminal proceedings against Patrick Wanzala Mulwoto in Mumias SPMCCRC Nos. 93 of 2013 and 126 of 2014 are valid given the prior High Court orders in Kakamega HCPet No. 32 of 2014, which declared evidence obtained through an unlawful search inadmissible.

3. Facts of the Case:
Patrick Wanzala Mulwoto, the applicant, faced criminal charges in two separate cases related to forgery and personation. The charges stemmed from evidence allegedly obtained during an unlawful police raid on his premises, which violated a prior court order from Kakamega HCPet No. 32 of 2014. This order prohibited the use of items obtained during the raid as evidence against him. The applicant contended that the criminal charges were based solely on this inadmissible evidence, and he sought to have the proceedings terminated.

4. Procedural History:
The applicant filed a motion on 5th April 2019, invoking sections of the Criminal Procedure Code to challenge the legality of the ongoing criminal cases. The State did not file a response, making the application unopposed. The matter was directed to be resolved through written submissions, but the applicant's submissions did not raise any substantive legal points. The court examined the prior petition and the circumstances surrounding the unlawful search to determine whether the ongoing prosecutions could proceed.

5. Analysis:
- Rules: The court considered sections 362, 364(1)(b)(2), 365, 366, and 382 of the Criminal Procedure Code, which govern the conduct of criminal proceedings and the admissibility of evidence.

- Case Law: The court reviewed the proceedings of Kakamega HCPet No. 32 of 2014, where it was established that the police had conducted an unlawful search and seized documents without a warrant, rendering the evidence inadmissible. The court noted that the applicant had not specified which documents were seized in his petition.

- Application: The court analyzed the specific counts against the applicant in the ongoing criminal cases to determine if they relied on the documents seized during the unlawful search. It concluded that most counts did not require the inadmissible evidence and could proceed to trial. However, it identified one count that involved a stamp impression related to the seized documents, which the trial court would have to consider carefully.

6. Conclusion:
The court dismissed the application for revision, determining that the majority of the charges against the applicant were not dependent on the inadmissible evidence from the unlawful search. The trials in Mumias SPMCCRC Nos. 93 of 2013 and 126 of 2014 were ordered to continue, with specific instructions regarding the use of evidence related to the stamp impression.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court of Kenya ruled that the criminal proceedings against Patrick Wanzala Mulwoto could continue despite previous orders declaring certain evidence inadmissible. The court emphasized the importance of clearly identifying evidence in court orders and highlighted procedural issues related to the separation of powers between the Attorney-General and the Director of Public Prosecutions. The case demonstrates the complexities involved in criminal prosecutions, particularly regarding the admissibility of evidence obtained through unlawful means.

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