[2023] KEHC 24874 (KLR)
The High Court held that the application for recusal was premature because the applicant had not first made the request before the trial magistrate. The court emphasized that procedural propriety requires such applications to be addressed at the trial level before escalation. As the applicant failed to follow this...
Source-derived case information.
- Citation
- [2023] KEHC 24874 (KLR)
- Parties
- Applicant: Dick Ogoti Mose; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E010 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Recusal Application
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Judicial Recusal, Judicial Bias, Criminal Trial Procedure
- 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
Dick Ogoti Mose
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Recusal Application
Legal Issues
- 1 Whether the trial magistrate should recuse herself from hearing the applicant's case due to alleged bias.
- 2 Whether the application for recusal was properly brought before the High Court instead of the trial court.
Ratio Decidendi
The High Court held that the application for recusal was premature because the applicant had not first made the request before the trial magistrate. The court emphasized that procedural propriety requires such applications to be addressed at the trial level before escalation. As the applicant failed to follow this process, the application was found to lack merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The undated notice of motion application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Mose v Republic (Miscellaneous Criminal Application E010 of 2023) [2023] KEHC 24874 (KLR) (7 November 2023) (Ruling)
Neutral citation: [2023] KEHC 24874 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E010 of 2023
DR Kavedza, J
November 7, 2023
Between
Dick Ogoti Mose
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed an undated Notice of Motion and prayed for orders, inter alia, that the trial Magistrate in Kibera MCCR Case No. E1355 R v Dick Ogoti, do recuse herself and the file be placed before another court of equal jurisdiction.
2. The application is premised on grounds on the face thereof and reiterated in the supporting affidavit of the applicant, Dick Ogoti Mose.
3. The averments made are that the Trial Magistrate does not listen to the accused person whenever he appears in court. The applicant further avers that he has on several occasions prayed the trial court to issue orders for him to be taken to hospital for special treatment, which prayer has never been granted. He is apprehensive that the trial court is bias and will not administer justice in the circumstances. He therefore seeks an order for the trial Magistrate to recuse herself and the file be heard by another court of equal status.
4. Having considered the application, it is my view that the same is premature at this juncture. The applicant ought to have first made the application before the trial court.
5. In this regard, I find that the undated notice of motion application is devoid of merit and is hereby dismissed. File closed.
6. It is so ordered.
RULING DATED AND DELIVERED VIRTUALLY THIS 7TH DAY OF NOVEMBER 2023. D. KAVEDZAJUDGEIn the presence of:Ms Akunja for the State.Applicant present (VTC).