[2018] KEHC 9348 (KLR)
The court found that the applicant's request for the disqualification of the trial court was without merit, as there was no legally justifiable reason presented. The trial court had already granted the applicant's request to recall witnesses for further cross-examination, demonstrating fairness in the proceedings....
Source-derived case information.
- Citation
- [2018] KEHC 9348 (KLR)
- Parties
- Applicant: Mohamed Karanja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 209 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Disqualification of Trial Court
- Outcome
- application dismissed
- Judges
- LK Kimaru
- Legal Topics
- Recusal of Trial Court, Cross Examination of Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mohamed Karanja
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Disqualification of Trial Court
Legal Issues
- 1 Whether the trial court should disqualify itself from hearing the applicant's case.
- 2 Whether the applicant is entitled to choose the court that hears his case.
- 3 Whether the recall of witnesses for further cross-examination justifies disqualification of the trial court.
Ratio Decidendi
The court found that the applicant's request for the disqualification of the trial court was without merit, as there was no legally justifiable reason presented. The trial court had already granted the applicant's request to recall witnesses for further cross-examination, demonstrating fairness in the proceedings. The court emphasized that an accused person does not have the right to choose the court that hears his case, and attempts to do so amount to an abuse of process. Consequently, the application for disqualification was dismissed, and the matter was directed to proceed before the same trial court.
Court Disposition
application dismissed
Orders
- The application for disqualification of the trial court is dismissed.
- The file shall be sent to the trial court for mention on 25th July 2018 for fixing of a hearing date.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION NO.209 OF 2018
MOHAMED KARANJA....................................................................APPLICANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
RULING
The court has perused the proceedings of the trial court. The Applicant applied for PW1 and PW2 to be recalled for further cross-examination when the court hearing the case took over the proceedings and read the Applicant his rights under Section 200(3) of the Criminal Procedure Code. It is apparent from the proceedings that the Applicant is intent on frustrating the conclusion of the trial by, without any legally justifiable reason, applying for the trial court to disqualify itself. This court sees no reason why the trial court should not continue with the hearing of the case yet it has acceded to the Applicant’s request to have the two witnesses who had earlier testified to be recalled for further cross-examination. The proceedings clearly show that the Applicant’s desires to choose the court that will hear his case. That cannot be. It cannot be allowed. An accused cannot choose the court that will hear his case. His case will be heard by the trial court until conclusion. The application for the disqualification of the trial court lacks merit and is hereby dismissed. The file shall be sent to the trial court where the same shall be mentioned on 25th July 2018 for the fixing of an appropriate hearing date. It is so ordered.
DATED AT NAIROBI THIS 18TH DAY OF JULY 2018
L. KIMARU
JUDGE