[2012] KEHC 2584 (KLR)
The court found no evidence of bias or misconduct on the part of the trial magistrate. The proceedings were conducted meticulously and professionally, and the applicants had actively participated in the trial after making their application. Furthermore, the trial magistrate had since been transferred from the Narok...
Source-derived case information.
- Citation
- [2012] KEHC 2584 (KLR)
- Parties
- Applicant: Eliud Njoroge Githii; Applicant: George Thairu Gitau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 131 of 2011
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Recusal and Transfer of Trial
- Outcome
- application dismissed
- Judges
- SP Ouko
- Legal Topics
- Recusal of Judicial Officer, Fair Trial Rights, Allegation of Bias
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Njoroge Githii
Applicant
George Thairu Gitau
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Recusal and Transfer of Trial
Legal Issues
- 1 Whether the trial magistrate should recuse herself from hearing the criminal case due to alleged bias.
- 2 Whether the applicants' rights to a fair trial under the Constitution have been violated.
Ratio Decidendi
The court found no evidence of bias or misconduct on the part of the trial magistrate. The proceedings were conducted meticulously and professionally, and the applicants had actively participated in the trial after making their application. Furthermore, the trial magistrate had since been transferred from the Narok Law Courts, rendering the applicants' apprehension of interference baseless. The application for recusal and transfer was therefore dismissed as lacking merit.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Return the lower court file to Narok Law Courts forthwith.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATNAKURU
MISCELLANEOUS CRIMINAL APPLICATION 131 OF 2011
ELIUD NJOROGE GITHII……...…………..………………………1ST APPLICANT
GEORGE THAIRU GITAU………………………...……………….2ND APPLICANT
VERSUS
REPUBLIC………………………………....…………………………RESPONDENT
RULING
The two applicants together with two others are being tried jointly in Narok P.M. Criminal Case No.749 of 2011 with the offence of robbery with violence contrary to Section 286(2) of the Penal Code.
At the initial stages of the trial (in December, 2011) the applicants asked the trial magistrate to recuse herself claiming that there was an order directing the trial court to disqualify herself and that the applicants had no faith in her. She dismissed the application and found that there was no order barring her from hearing the matter.
It would appear the applicants had applied (in what is clearly a letter) for the transfer of the case claiming that their rights under the Constitution are being violated and that they have not received a fair trial; that the trial court is biased and has put pressure on them to proceed without witnesses’ statements; that the court has threatened one of the applicants with imprisonment.
This application was brought before the commencement of the hearing. Subsequently, the applicants have fully and actively participated in the trial. Nine witnesses have been called since they filed this application.
I am unable from the record to see any evidence of bias on the part of the trial magistrate. As a matter of fact, I find that the proceedings have been conducted meticulously and professionally. In addition, the trial magistrate has been transferred from Narok Law Courts. The applicants’ apprehension of interference with the proceedings is without any basis.
The application is dismissed. Return the lower court file to Narok Law Courts forthwith.
Dated, Signed and Delivered at Nakuru this 17th day of July, 2012.
W. OUKO
JUDGE