[2019] KEHC 5042 (KLR)
The court found that the applicant failed to provide sufficient grounds for the transfer of the criminal case from Ukwala Law Courts to Siaya Law Courts. The applicant's discomfort due to alleged intimidation by supporters of the co-accused, who is also his landlord, did not amount to a legal basis for transfer,...
Source-derived case information.
- Citation
- [2019] KEHC 5042 (KLR)
- Parties
- Applicant: Daniel Okoro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 13 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Transfer of Criminal Case
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Cases, Jurisdiction of Courts, Public Health Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Okoro
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Transfer of Criminal Case
Legal Issues
- 1 Whether the applicant has established sufficient grounds for transfer of Ukwala Misc. Cr. Case No. 36 of 2019 to Siaya Law Courts.
- 2 Whether a joint accused can seek transfer of a criminal case without the consent of the co-accused.
- 3 Whether allegations of intimidation by supporters of a co-accused warrant transfer of the case.
Ratio Decidendi
The court found that the applicant failed to provide sufficient grounds for the transfer of the criminal case from Ukwala Law Courts to Siaya Law Courts. The applicant's discomfort due to alleged intimidation by supporters of the co-accused, who is also his landlord, did not amount to a legal basis for transfer, especially in the absence of any allegation against the presiding judicial officer or evidence that a fair trial could not be obtained at Ukwala. Furthermore, as the case involved joint accused persons and there was no application for separate trials or consent from the co-accused, the court held that it was not possible to transfer the case on the application of only one accused....
Court Disposition
application dismissed
Orders
- The application for transfer of Ukwala Misc. Cr. Case No. 36 of 2019 to Siaya Law Courts is declined and dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 13 OF 2019
(CORAM: HON. R.E. ABURILI - J)
DANIEL OKORO.............................................APPLICANT
VERSUS
REPUBLIC.....................................................RESPONDENT
(An Application seeking transfer of Ukwala CriminalApplication
No. 36 of 2019 to Siaya Law Courts for hearing and determination)
RULING
1. This ruling determines the Application dated 7th June 2019 by Daniel Okoro seeking for transfer of Ukwala Misc. Cr. Case No. 36 of 2019 between the Sub-County Public Health, Ugunja versus Bernard Peter Odero Oor and Daniel Okoro, the Applicant herein.
2. The case before the Ukwala SRM’s court concerns Public Health wherein the accused are owner and occupier respectively of business premises wherein Bar/Lodging and Restaurant business is carried out and wherein the sub-county Public Health Officer, Ugunja has assessed and found the premises not to be fit for habitation for purposes of the said business due to public health concerns.
3. The applicant in this matter is the tenant to the 1st accused in the lower court case, a Mr. Benard Peter Odero Oor. In his submission in support of this application for transfer of the case from Ukwala Law Courts to Siaya PM’s court, he claims that at Ukwala Law Courts, he is intimidated by supporters of the 1st accused who is an influential person. He does not lay any blame on the judicial officer handling the criminal case.
4. The 1st accused in the said case is his Landlord. It is expected that the applicant herein cultivates a harmonious relationship with his host and where there is a rift, the Business Premises Rent Tribunal and the courts exist to assist parties in accordance with Article 50(1) of the Constitution, to ensure that their disputes are resolved.
5. There are two accused persons in the Ukwala Case and there is no indication that the 1st accused person Landlord has conceded to the transfer of the case from Ukwala to Siaya Law Courts. The applicant has not sought for separate trials. That being the case, it is not possible to transfer a case for trial in a different court on account of an application by a joint accused person without the consent of the co-accused person.
6. Therefore, albeit the applicant claims that he is not comfortable with Ukwala Law Courts because the 1st accused person’s supporters intimidate him, this court finds that Ukwala Law Courts has jurisdiction to hear and determine the matter and as there is no application for separate trials, I am unable to find merit in the application which hereby declined and dismissed.
7. This file is closed.
Dated, signed and Delivered at Siaya, this 29th Day of July 2019.
R.E. ABURILI
JUDGE