On 4 August 2021, after considering all documents filed of record and having been orally addressed by counsel, I issued an order admitting the applicant to bail, and indicated that I would avail written reasons for my disposition. The reasons are captioned herein.THE PARTIESThe applicant was convicted by the Regional ...
On 4 August 2021, after considering all documents filed of record and having been orally addressed by counsel, I issued an order admitting the applicant to bail, and indicated that I would avail written reasons for my disposition. The reasons are captioned herein.
THE PARTIES
The applicant was convicted by the Regional Magistrates for rape of an 11 year old complainant. He approached this Court, legally represented by counsel of record, seeking bail pending appeal.
The first respondent is the State represented by counsel of record.
The second respondent is the legal guardian of the complainant represented by counsel of record who instituted a private prosecution culminating in the conviction and sentence of the applicant.
Worth noting is the fact that counsel for the State submitted, on behalf of the State, that, the latter would be bound by the court's decision.
He initially sought to be excused but conceded that the State was properly cited as an interested party even though the matter arose from private prosecution.
The criminal matter squarely falls in the domain of the State for not only prosecution but enforcement and/or discharge of the order as occurred in this case.
It was submitted by counsel for the State, that, the State had no meaningful submissions to make for and against the application but that there was no prejudice in the citation of the State as a party to the proceedings.
