[2002] KEHC 1085 (KLR)
The court found that although the complainant bank is the same in both cases, the particulars of the offences relate to different branches and involve different amounts. Furthermore, one case involves two accused persons (with only one seeking consolidation), while the other involves the applicant alone. The court...
Source-derived case information.
- Citation
- [2002] KEHC 1085 (KLR)
- Parties
- Applicant: Hamisi Mzari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 87 of 2002
- Procedural Posture
- Criminal Application / Ruling on Application for Consolidation of Criminal Cases
- Outcome
- application dismissed
- Legal Topics
- Case Consolidation, Bail Terms, Joinder of Accused, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hamisi Mzari
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Consolidation of Criminal Cases
Legal Issues
- 1 Whether Criminal Case Nos. 2675 of 2001 and 2560 of 2001 should be consolidated.
- 2 Whether the bail terms set by the Chief Magistrate are oppressive to the applicant.
Ratio Decidendi
The court found that although the complainant bank is the same in both cases, the particulars of the offences relate to different branches and involve different amounts. Furthermore, one case involves two accused persons (with only one seeking consolidation), while the other involves the applicant alone. The court determined that the cases are incompatible for consolidation. The bail terms set by the Chief Magistrate were found not to be oppressive, especially given the nature of the alleged offences and the need for uniformity where there are multiple accused. Consequently, the application for consolidation was dismissed.
Court Disposition
application dismissed
Orders
- The application for consolidation of Criminal Case Nos. 2675 of 2001 and 2560 of 2001 is dismissed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL CASE NO 87 OF 2002 HAMISI MZARI ………………………………………………APPLICANT VERSUS REPUBLIC……………..………………………...………....RESPONDENT R U L I N G The applicant has applied for consolidation of Criminal cases Nos. 2675 of 2001 and 2560 of 2001. The application is opposed by the state.
There is an affidavit in support of the application. I have read the same. I called for and obtained the lower court records. I have perused the same.
In criminal case no. 2580 of 2001 there are two accused persons; the accused and another. The charge has three counts, the last two relate to the applicant’s co-accused. He has not applied for nay consolidation. In criminal case no. 2675 of 2001 the accused is alone. One Mr John Wachira is named among seven other witnesses to be called. In criminal case no. 2860 of 2001 the witness named is one Mr. Mburu among ten others to be called.
It is true that the complainant bank is the same.
However he particulars relate to two different branches and the amounts involved are different.
In view of the foregoing the two cases are incompatible.
The Chief Magistrate has set out the said terms in respect of both cases. They do not appear to be oppressive in view of the alleged offences. In any case where there are two accused like in criminal case no 2680 of 2001 bail terms have to remain the same for both.
This application must therefore fail. The same is dismissed.
Orders accordingly.
Dated and delivered at Nairobi this 19th day of February, 2002
A. MBOGHOLI MSAGHA JUDGE