 I think let me just make some observation. I have the benefits of the submissions from the ODPP. One, two, five pages, six. Here we are. Actually, I've gone through them. Although I got them very late, but I've gone through them. I have not gone through the victim's submissions because they have just been given to me when I arrived here quarter to nine. I can see there about one, eight pages, actually generally seven pages. For me, I'll take only about maybe one hour or 30 minutes to go through them. So the question I'm asking, Kansomunga and Professor Nandwa, do you need seven days to respond to these submissions? My answer is no. And I may want to speak to something and I'm giving you an option to consider. Let me benefit from the only clock in front of me. I'm not looking at my emails. I'm using the phone for time. 10, 18, if I were to give you time and we return to this court in the afternoon at three, would that be sufficient time for you to have prepared your clients case or do you feel that you require more time? Over to you, both of you. I'm not pushing you. Make sure that you are acting in the interest of your client. Yes, but I know why I'm already I'm requesting to understand it, but I have just gone through the findings by the victims. But I haven't seen their place. And understand, I will, after we have a discussion with Kansomunga, be taken over for soon. I do need that. I'm sorry, I will not be able to give you seven days. It's too long a time, Kansomunga. If you are coming in this matter, there's already a Kansomunga. You can have a discussion with them. Seven days is too long a time to put in submissions. Malania, particular actions. Yeah, I can give you my directions. May I have a reaction from the other part, knowing that this delay and the adjournment of this matter is occasioned by the bench right in front of me. Okay, Mr. Omite. Malani, we are also ready. Ideally, when we received the presentation of the court yesterday, we did our bill with the 10, 5 hours submissions. I think the time of the court is extended to then. Who is sufficient to hold a meeting? So for us, we're ready, but all the court says it's up to you. We will be ready to start. I was going to come back in the afternoon at three, and you can say I could have come at, we just were allowed the other parties at every time, maybe about three or five hours to work for four hours. But if that is not working for them, remember it's their life of their client, which is at stake, all right? And two, we must be sensitive because you are the people who are filing your documents very late, and they cannot and could not have filed until they had seen the documents. But for information, I already know the entire content of the pre-sentence report, and part of my judgment on sentencing has already incorporated that. My judgment, which I had as the time I was working into this has already incorporated the prosecution because I received them yesterday, but I do not have in that judgment. And of course, I've already seen the records from the CRO, which I've taken note of. The only documents which are missing in my judgment is the victims which have just been given. So Professor Nando, you've consulted your client. What is his wish and what is your position? And remember, I have ruled out giving you seven days for submissions or response to. That is not clear. His wish is that you submit already, but at the same time, you're asking for time to respond. Could you just be a little bit more clearer to the court? Yes, yes, because of the next service, we need to, today, give us five for us. So is that then an indication that you are seeking for an adjournment to put in written submissions in response? Yes, that's the question. Okay, and if that is the case, then once you put in your written submissions, all the parties will have put in their written submissions and I would like to know whether at that point you released a matter to the court to write his judgment. And I simply walk back into this court to deliver my judgment on sentence. Or will you want to highlight the submissions which you'll have filed? And that now is across the board. They soon you don't highlight it. Okay. The same position for the state charity, what is it? Omete? Yes, that is with the file very complete. So, Professor Nandwa? Yes. Do you think you can work today and work on Monday? Today is something I've been able to write. I said today I hear you. I gave you Monday? Yes, Monday. Monday. You think you'll have filed your submissions? By the end of the day. Monday? Yes. Okay. Court assistant, please ask my court assistant in Nibasha to get me my diary for Tuesday. As you are aware that I've been on leave for one full month. I'm resuming my work at Nibasha and it's going to be quite heavy. Tuesday at 2 p.m. so that I can deal with my course list. Nibasha High Court. Because I'm now not able to take this matter in the morning. I have a full course list. It's okay with him? Yes. No need to highlight the submissions. Okay. Thank you. I am hoping that the ODPP had the benefit of the pre-sentence report. Yes, ma'am. And the victim's family. And that the accused person has had the benefit of the records from the CRO, Professor Nandwa. Because as you prepare your documents you need to understand all the documents the court will be taking into account in delivering this judgment or sentence. We have many people. So would you like me to be kind enough to let you know what the records say? Okay. The court assistant has moved out. But from my understanding of the records I got the indicator that he has no previous record of conviction. So he's treated as a fast offender. Yeah, I think I can consider Tuesday or Wednesday. I thought the two would be able to tell me which of the two days. My co-sister at Nyvacha is very heavy. Kindly let Edwin know we are waiting. Edwin, please come over and tell me what you established. Wow. Tuesday is no possible. Wednesday is okay. So if we take it on Tuesday I may get a bit late. Wednesday, 11.30, I put on my coast list or two. Ask her whether there are murder trials for that day. It's very critical that I can manage. I think I can manage to organize myself. I will redistribute my matters for Wednesday to the other days. Maybe I may have to just reschedule them to sit on a Friday. So let me give you Wednesday next week. But all said and done, you must file your documents by Monday to enable me to look at them on Tuesday and deliver my judgmental sentence on Wednesday. May I make it very clear that if the documents will not have been filed then I may not consider them. But I'm sure you understand the necessity and the importance of filing those documents. You are the only people of the benefit of speaking last, Professor Nandu and Munghe. And you have the benefit of responding to what has been written. Had we done oral submissions, highlights the state probably would have come in after you. But now you have the last opportunity. My earlier reading, quite a bit on the sentencing, makes it very clear that it's not just the tail end process but it's a significant stage in the criminal justice system and in a criminal case trial. So I hope we all know that. So may I then just take note, court assistant confirmed did it. You're much larger than it was before you came out here. Sorry, she... It depends on whether she has local standard known to the court and stranger. And her rights having been extinguished by natural and probable and consequences of events, I spoke. I hope I'm not speaking too much, Django. This is not to the public, and neither is it to the accused person. She has local standard. Sure. I will hear, huh? I will hear, please proceed. Yes, would you like to raise up your voice council because I can hardly hear your address to the court? If there is a speaker, please use it. My lady, if I may, I'm holding pre... I'm in my room. I'm holding pre for my pregnancy. We have an application for release of the security. I'm in my room. I'm holding pre for my pregnancy. We have an application for release of the security. I'm in my room. Release of the security. My lady, on that year of October 2018, the second accused was released on terms of Bondo 2 million with one sure reach of a similar amount. My lady, on 9th of February 2014, my senior made an application for the release of security. It was granted and we were granted 14 days. After 14 days we were to write a letter to the Deputy Registrar to effect the same orders. However, my lady, we wrote a letter on 5th of March 2020 indicating to the DR that we would like the release of the security which was attended on the day of Charm Gashir. My lady, however, was appraised that the order for the release needed to be… Have you given me the benefit of the correspondence you are speaking to? Yes, my lady, we had filed a letter. Court Assistant, would you confirm whether those documents have reached the court or not? Because I am a total stranger to your address to the court this morning. Tell everyone rudely, you know, I don't want to live here with missiles that are not mine. I have received enough missiles but this time I must also engage myself adequately to deal with them. Council, I am sist of this matter because before I was transferred to Naibasha High Court I was dealing with this matter. You are aware that the matter basically is domesticated in the criminal division of the High Court in Nairobi. I am a visiting judge. If you write a letter to the Honourable DR, it will not come to the Honourable DR in Naibasha. It will go to the Honourable DR Nairobi High Court criminal division. I have not seen it. There is a presiding judge who I think will be able to deal with that. But all said and done, what you are asking me to do is extremely administrative. And I would have expected to be done. Even if this file was taken to my brother Honourable Kimondo, he would have made an order because it has nothing to do with that decision in the main substance of the matter. But that said and done, I am not running away. I will speak to my brothers who can hear from the court assistants. Those documents have not reached me. If they did of course and I had time I would have done that. I will pick it up with my brother Justice Kimondo. Who will address it is not a matter that should bother you. An order will be made. And unless there is good reason why the security should not be released, it should be released. Okay, does that help? Yes, it does. Much obliged. Okay. And I didn't have to record that neither have I recorded it. But it will be done. Okay. So court assistant make sure when I adjourn those documents are brought to my knowledge and I will just make the necessary order for release of the expense. Okay. All right, so allow me then to just confirm that this matter has been rescheduled to the 13th day of March 2024. Let's agree on time. Is 11.30 okay in the morning? Yes, sir. Okay, so as much as I started by doing a disclaimer on how today I'm not the one who is being accused of adjourning this matter. I think at the end of the day I'm the driver of the vehicle being the one presiding over this court. And I think the most decent thing to do is to apologize for any inconvenience that may be caused by the delay in this matter. And hope that we'll not have to adjourn it again. That we'll be able to deal with it to finality on the debt that I have fixed for judgment on centers. And with that, unless there is any other issue, I'll be requesting that you allow all of us to adjourn the court and I wish you a good day. Court assistant, thank you.