[2008] KEHC 536 (KLR)
The court found that the applicants failed to provide any evidence of actual or perceived bias on the part of the Senior Resident Magistrate at Maralal. The denial of bail, even in a bailable offence, was based on the material before the magistrate and does not, in itself, indicate bias or unfairness. Furthermore,...
Source-derived case information.
- Citation
- [2008] KEHC 536 (KLR)
- Parties
- Applicant: Lawrence Sebastian Lorunyei; Applicant: Albert Lotini; Applicant: Losike Ewoi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 79 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Criminal Case
- Outcome
- application dismissed
- Judges
- MA Kasera
- Legal Topics
- Transfer of Criminal Cases, Judicial Bias, Bail and Bond, Fair Trial Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Sebastian Lorunyei
Applicant
Albert Lotini
Applicant
Losike Ewoi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Criminal Case
Legal Issues
- 1 Whether the applicants have demonstrated sufficient grounds for transfer of their criminal case from Maralal SRM's court to another court.
- 2 Whether denial of bail by the trial magistrate constitutes a reasonable apprehension of bias warranting transfer.
- 3 Whether a magistrate's professional relationship with security officers who are complainants justifies transfer of the case.
Ratio Decidendi
The court found that the applicants failed to provide any evidence of actual or perceived bias on the part of the Senior Resident Magistrate at Maralal. The denial of bail, even in a bailable offence, was based on the material before the magistrate and does not, in itself, indicate bias or unfairness. Furthermore, the existence of a professional working relationship between the magistrate and the complainants, who are security officers, is not unusual and does not constitute a valid ground for transfer. Magistrates routinely interact with prosecutors and law enforcement as part of their judicial functions, and such relationships do not compromise their impartiality. The court concluded...
Court Disposition
application dismissed
Orders
- The application for transfer of Maralal SRM Criminal Case No. 157 of 2008 is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Misc Crim Appli 79 of 2008
LAWRENCESEBASTIAN LORUNYEI……..1ST APPLICANT
ALBERT LOTINI………………………...……..2ND APPLICANT
LOSIKE EWOI……………………………..…...3RD APPLICANT
VERSUS
REPUBLIC……………………………….….…..RESPONDENT
RULING
The applicants who are, in Maralal SRM Criminal Case No. 157 of 2008, charged with incitement to violence contrary to Section 96(a) of the Penal Code are out on bond granted by this court after they were denied bail in that court. They have come back to this court seeking the transfer of their case from Maralal SRM’s court to the PM’s court at Nyahururu or any other court for hearing and final disposal. The application is based on the ground that the Senior Resident Magistrate at Maralal is in good working relationship with the Samburu District Security Officers who are the complainants in that case and that having denied them bail in a clearly bailable offence they are apprehensive that they will not get a fair trial before him.
Although the state counsel has not opposed the application I cannot grant it because I find no merit in it. The fact that the Senior Resident Magistrate at Maralal denied the applicant’s bail is no basis for the fear that he will not give them a fair trial. He must have, rightly or wrongly, refused them bail on the basis of the material before him. There is nothing on record to show that he is biased against them. Being a senior judicial officer I do not think that anything said during the bail application will have any bearing in the decision he will make on the case itself. Magistrates all over the country sometimes deny Accused persons bail and subsequently hear their cases and decide them on merit. So this ground has no basis.
The allegation that the magistrate is in good working relationship with the Samburu Security Officers is also no basis for transferring the case from him to another court. There is nothing wrong with a magistrate being in good working relationships with people who prosecute or defend cases before him. Infact he will be in problems if he did not have such a relationship. I find no merit in this application and I accordingly dismiss it.
DATED and delivered at Nakuru this 22nd day of September, 2008.
D. K. MARGA
JUDGE