BY SAM ALFAN.
Director of Public Prosecution Renson Ingonga has urged the court to dismiss application by a South Sudanese facing charges in various courts seeking to recall two witnesses in his trial.
The DPP urged trial Magistrate Susan Shitubi to dismiss application by Toni Yaban Sulaman Malish seeking to recall two witnesses for further cross-examination.
The prosecutor urged the court to dismiss the application and make a ruling on whether he has a case to answer.
The prosecution added that the application is a delaying tactic and misuse of court process by the defense.
The court heard that when the matter came for hearing, the defence lawyer was not court. She further added that the defence has not indicated specific areas he wishes to cross-examine the witnesses.
Further, she told the court when the witnesses testified, there was no language barrier and accused was aware of the charges he is facing.
The South Sudan national is charged with forging and impression of a rubber stamp, an offence he allegedly committed on an unknown date and place in Kenya, jointly with others not before court.
The charge stated that he purported it to be a genuine stamp from immigration department of Kenya.
According to charge sheet, on the 19th of February 2021 at Kilimani Police station in Kilimani Sub-county in Nairobi he was found to be unlawful in Kenya.
He other criminal case before court and still in custody after court forfeited the cash bail to the state after he failed to appear in court.
