[2021] KEHC 7120 (KLR)

[2021] KEHC 7120 (KLR)

The court found that the offence occurred in Ngusishi, Meru County, and was reported at Timau Police Station. The Meru Chief Magistrate’s Court operates a mobile court at Timau, which is geographically closer to Ngusishi than Nanyuki. The convenience of witnesses is primarily the concern of the prosecution, not the defence, and the prosecution did not support the transfer. The applicant failed to demonstrate sufficient reason under Section 81 of the Criminal Procedure Code to warrant a transfer. The court exercised its discretion to refuse the transfer, noting that the application appeared to be for the convenience of defence counsel rather than for the interests of justice or convenience...

Citation
[2021] KEHC 7120 (KLR)
Parties
Applicant: Germano Gitonga Njeru; Respondent: Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
23 March 2021
Case Number
Miscellaneous Criminal Application E001 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Criminal Case
Outcome
application dismissed
Judges
EM Muriithi
Legal Topics
Transfer of Criminal Cases, Venue of Trial, Judicial Discretion
Source Language
English
Criminal Law Civil Procedure Transfer of Criminal Cases Venue of Trial Judicial Discretion

Case Brief

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Parties

Germano Gitonga Njeru

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Transfer of Criminal Case

Legal Issues

  1. 1 Whether the High Court should grant an order for transfer of Criminal Case No. E406 of 2020 from Meru Chief Magistrate’s Court to Nanyuki Chief Magistrate’s Court.

Ratio Decidendi

The court found that the offence occurred in Ngusishi, Meru County, and was reported at Timau Police Station. The Meru Chief Magistrate’s Court operates a mobile court at Timau, which is geographically closer to Ngusishi than Nanyuki. The convenience of witnesses is primarily the concern of the prosecution, not the defence, and the prosecution did not support the transfer. The applicant failed to demonstrate sufficient reason under Section 81 of the Criminal Procedure Code to warrant a transfer. The court exercised its discretion to refuse the transfer, noting that the application appeared to be for the convenience of defence counsel rather than for the interests of justice or convenience...

Court Disposition

application dismissed

Orders

  • The application dated 14th January 2021 is hereby dismissed.
  • There shall be no order as to costs.