[2013] KEHC 6500 (KLR)
The High Court declined to grant interim relief restraining enforcement of the witness summons because doing so would interfere with ongoing criminal proceedings before the trial court, whose record was not before the High Court. The court emphasized that any objections, including alleged violations of rights,...
Source-derived case information.
- Citation
- [2013] KEHC 6500 (KLR)
- Parties
- Petitioner: Andrew Mwangi Kimani; Respondent: The Director of Public Prosecutions; Respondent: The Chief Magistrate, Milimani Chief Magistrate’s Criminal Court; Respondent: The Honourable Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 404 of 2013
- Procedural Posture
- Constitutional Petition / Ruling on Interim Relief
- Outcome
- Interim relief declined; petition to be served and fixed for directions.
- Judges
- DAS Majanja
- Legal Topics
- Witness Summons, Right to Fair Trial, Enforcement of Fundamental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Mwangi Kimani
Petitioner
The Director of Public Prosecutions
Respondent
The Chief Magistrate, Milimani Chief Magistrate’s Criminal Court
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interim Relief
Legal Issues
- 1 Whether the enforcement of witness summons against the petitioner violates his constitutional rights.
- 2 Whether the High Court should restrain the respondents from enforcing the witness summons pending hearing of the petition.
Ratio Decidendi
The High Court declined to grant interim relief restraining enforcement of the witness summons because doing so would interfere with ongoing criminal proceedings before the trial court, whose record was not before the High Court. The court emphasized that any objections, including alleged violations of rights, should be raised before the trial court, which is competent and obliged to address such matters. The absence of the trial court's proceedings and the ex-parte nature of the application further justified judicial restraint. The petition was ordered to be served and set for directions, but no interim orders were issued.
Court Disposition
Interim relief declined; petition to be served and fixed for directions.
Orders
- Interim orders restraining enforcement of witness summons are declined.
- Petition to be served on respondents.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 404 OF 2013
BETWEEN
ANDREW MWANGI KIMANI ..............................................PETITIONER
AND
THE DIRECTOR OF PUBLIC PROSECUTIONS.....1ST RESPONDENT
THE CHIEF MAGISTRATE, MILIMANI
CHIEF MAGISTRATE’S CRIMINAL COURT...........2ND RESPONDENT
THE HONOURABLE ATTORNEY GENERAL .........3RD RESPONDENT
RULING
The petitioner comes before this court to restrain the respondents from enforcing witness summons issued in Criminal Case No. 1464 of 2009 calling upon him to testify in court on 7th August 2013. He is apprehensive that his rights may be violated by enforcement of the said witness summons as he is a stranger to the proceedings and has no material facts or evidence to tender before the said court.
I decline to issue the interim relief requested as to do so would interfere with a trial whose proceedings are not before this court. I am not even familiar with the reason for the issuance of summons as proceedings have not been annexed to the application.
The trial court, qua court, must address itself to any objection that may be raised by the petitioner before that court or any grounds including the violation of his rights and the court will be obliged to address such objection.
In the circumstances, I decline the orders sought. The petition shall be served and is fixed for directions on 3rd September 2013.
DELIVERED and DATED at NAIROBI this 7th August 2013
D.S. MAJANJA
JUDGE
Mr Kimondo instructed by Kimani and Michuki Advocates for the petitioner ex-parte