[2006] KEHC 468 (KLR)
The court found that, although it did not believe the allegations made by the applicant regarding the conduct of the trial magistrate, the seriousness of those allegations was sufficient to potentially undermine public confidence in the fairness of the proceedings. To uphold the principle that justice should be seen...
Source-derived case information.
- Citation
- [2006] KEHC 468 (KLR)
- Parties
- Applicant: Boniface Munyoki Kimanzi; Applicant: Antony Kilonzi Ngati; Applicant: Joseph Kimwele Nguu; Applicant: John Mutemi Nzomo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 206 of 2006
- Procedural Posture
- Criminal Revision / Ruling on Application for Transfer of Criminal Case
- Outcome
- Application for transfer of criminal case allowed.
- Legal Topics
- Transfer of Criminal Cases, Fair Trial Rights, Judicial Bias
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Munyoki Kimanzi
Applicant
Antony Kilonzi Ngati
Applicant
Joseph Kimwele Nguu
Applicant
John Mutemi Nzomo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Transfer of Criminal Case
Legal Issues
- 1 Whether the allegations made by the applicant warrant the transfer of the criminal case to another court.
- 2 Whether the principle that justice should be seen to be done requires the transfer of the case.
Ratio Decidendi
The court found that, although it did not believe the allegations made by the applicant regarding the conduct of the trial magistrate, the seriousness of those allegations was sufficient to potentially undermine public confidence in the fairness of the proceedings. To uphold the principle that justice should be seen to be done, the court reluctantly ordered the transfer of the case to another court of competent jurisdiction. The decision was made solely to preserve the appearance and reality of impartial justice, not because the court was persuaded by the truth of the allegations themselves.
Court Disposition
Application for transfer of criminal case allowed.
Orders
- Mwingi SRMC Cr. Case No. 1344 of 2004 is transferred to Machakos Chief Magistrate’s Court for hearing and final determination.
- Mention of the case before Machakos Chief Magistrate for relevant directions on 26/10/06.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Criminal Revision 206 of 2006
BONIFACE MUNYOKI KIMANZI
ANTONY KILONZI NGATI
JOSEPH KIMWELE NGUU
JOHN MUTEMI NZOMO …………………….. APPLICANTS
VERSUS
REPUBLIC…………………...………………..RESPONDENT
R U L I N G
I have carefully considered the allegations made by the applicant in Mwingi SRMC Cr. Case No. 1344 of 2004. These allegations are the grounds upon which the applicant seeks a transfer of the case in which three witnesses have already testified. While this court does not believe the allegations, they are of a serious nature and may dent the applicant as the accused and the trial magistrate.
On that ground alone and not because this court believes the applicant, and for the sake of giving a chance for the principle of “justice should be seen to be done”, this court will very reluctantly, transfer the case to another court of competent jurisdiction.
Order:
1. Mwingi SRMC Cr. Case No. 1344 of 2004 is hereby transferred to Machakos Chief Magistrate’s Court for hearing and final determination.
2. Mention of case before Machakos Chief Magistrate for relevant directions on 26/10/06.
3. Copy of this ruling to be served upon the trial magistrate at Mwingi.
D.A. ONYANCHA
JUDGE
19/10/06