[2022] KEHC 10455 (KLR)
The court exercised its supervisory jurisdiction to call for the trial court file for perusal before making any substantive orders on the applicant's requests for bond, transfer of the case, and vacation of previous orders. The judge determined that it was necessary to review the lower court's records to ensure fair...
Source-derived case information.
- Citation
- [2022] KEHC 10455 (KLR)
- Parties
- Applicant: Geoffrey Atsiaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E001 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Preliminary Application for Bond, Transfer, and Vacation of Orders
- Outcome
- Interim directions issued; no final orders on the substantive application pending perusal of trial court record.
- Judges
- WM Musyoka
- Legal Topics
- Criminal Revision, Bond Application, Transfer of Case, Supervisory Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Atsiaya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Preliminary Application for Bond, Transfer, and Vacation of Orders
Legal Issues
- 1 Whether the applicant should be granted bond pending trial.
- 2 Whether the criminal case should be transferred from the current magistrate to another.
- 3 Whether the orders made by the trial court on 22nd November 2021 should be set aside.
Ratio Decidendi
The court exercised its supervisory jurisdiction to call for the trial court file for perusal before making any substantive orders on the applicant's requests for bond, transfer of the case, and vacation of previous orders. The judge determined that it was necessary to review the lower court's records to ensure fair administration of justice before issuing any further directions or orders. Accordingly, the Deputy Registrar was directed to call for the trial records, and the matter was set for mention to allow the court to consider the application fully after perusing the relevant documents.
Court Disposition
Interim directions issued; no final orders on the substantive application pending perusal of trial court record.
Orders
- Deputy Registrar to call for the trial records in Kakamega CMCCRC No. 1995 of 2020.
- Matter to be mentioned on 25th July 2022.
Full Case Text
Judgment text and source record
20 paragraphs
Atsiaya v Republic (Criminal Revision E001 of 2022) [2022] KEHC 10455 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10455 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E001 of 2022
WM Musyoka, J
June 24, 2022
Between
Geoffrey Atsiaya
Applicant
and
Republic
Respondent
Ruling
1. The Motion herein, dated 12th January 2022, principally seeks grant of bond, transfer of a case from one trial court to another and vacation of orders made by the trial court on 22nd November 2021.
2. The applicant is an accused person in Kakamega CMCCRC No. 1995 of 2020. That is the suit that he would like to have transferred from the magistrate trying him to another magistrate, and to have the orders made in that case on 22nd November 2021 set aside.
3. In exercise of the discretion given to me by Article 165(6) (7) of the Constitution, with respect to supervision of subordinate courts, I do hereby call for the file in Kakamega CMCCRC No. 1995 of 2020 for perusal for the purpose of considering whether I should give any orders or directions in that matter to ensure fair administration of justice, based on the application that the applicant before me.
4. Consequently, I do hereby direct the Deputy Registrar to call for the trial records in Kakamega CMCCRC No. 1995 of 2020.
5. The matter shall be mentioned on 25th July 2022. A production order shall issue. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24THDAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Geoffrey Atsiaya, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.