Ahmed Rashid Murder hearing finally kicked off Today before Lady Justice Diana Kavedza at Milimani High Court.
Rashid through his advocates urged the Court to allow the matter to commence at the Magistrate’s court.
Rashid believes that if the murder case is heard at the High Court, his appeal avenues will be limited to only Court of Appeal which he submitted that would be in violation of his fundamental human rights.
“The Court has a constitutional duty to keep off its hands from actions of injustices. The court should not entertain continuous violation of human rights by the ODPP. The court has a duty to bounce the skills of Justice.” said Shadrack Wambui in defense of Rashid.
The prosecution in objection said that the application by Rashid was a mere fallacy since the Law clear that all murder cases are heard and determined by the High Court.
The prosecution said there was no point that Rashid will suffer any violation since he will still have a right to appeal the decision all the way to the Supreme Court.
“What you are invited to do is to question your own jurisdiction which Jurisdiction this court derives from the constitution. We therefore ask you to dismiss the application in its entirety.” said the prosecution.
