[2022] KEHC 1371 (KLR)
The court determined that since the complainant in the criminal case is the Head of Station and a judicial officer at Ukwala PM's court, there exists a reasonable perception of bias if the case is heard at the same station. The presence of another judicial officer at Ukwala does not sufficiently eliminate this...
Source-derived case information.
- Citation
- [2022] KEHC 1371 (KLR)
- Parties
- Applicant: Office of Director of Public Prosecutions, Siaya County; Respondent: Abdi Ali Hassan
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E031 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Transfer of Criminal Case
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Cases, Judicial Bias, Fair Trial Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Office of Director of Public Prosecutions, Siaya County
Applicant
Abdi Ali Hassan
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Transfer of Criminal Case
Legal Issues
- 1 Whether the criminal case should be transferred to another court to avoid perception of bias.
- 2 Whether the presence of another judicial officer at the same station eliminates the perception of partiality.
Ratio Decidendi
The court determined that since the complainant in the criminal case is the Head of Station and a judicial officer at Ukwala PM's court, there exists a reasonable perception of bias if the case is heard at the same station. The presence of another judicial officer at Ukwala does not sufficiently eliminate this perception, as there may be concerns about favouritism towards a senior colleague. To uphold the integrity of the judicial process and ensure that justice is both done and seen to be done, the court found it necessary to transfer the case to another court of competent jurisdiction. The application was therefore allowed, and the case was ordered to be transferred to Bondo Principal...
Court Disposition
application allowed
Orders
- Ukwala PM Criminal Case No. E028/2022 Republic Versus Abdi Ali Hassan is transferred to Bondo Principal Magistrate’s court for hearing and final determination.
- This file is closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANEOUS CRIMINAL APPLICATION NO. E031 OF 2022
CORAM: HON. R.E. ABURILI, J
OFFICE OF DIRECTOR OF PUBLIC PROSECUTIONS, SIAYA COUNTY..............APPLICANT
VERSUS
ABDI ALI HASSAN........................................................................................................RESPONDENT
RULING
1. I have perused the application dated 16/3/2021 filed by the ODPP Siaya.
2. I observe that the complainant in Ukwala PM Criminal Case No. E028/2022 is Hon. Lyna Sarapai who is the Head of Station, Judicial Officer at Ukwala PM’s court.
3. That being the case, it is only fair and just that the case against the Respondent Abdi Ali Hassan be transferred to another court of competent jurisdiction for hearing and final determination, for justice to be seen to be done. This is so because one cannot be a judge in their own cause and although there is another judicial officer in the court station at Ukwala, perception that she may favour her senior cannot be eliminated.
4. For the above reasons, I find this application merited as supported by the affidavit of No. 48662 CPL Martin Wanyonyi. I allow the application and direct that Ukwala PM Cr. E028/2022 Republic Versus Abdi Ali Hassan be forthwith transferred to Bondo Principal Magistrate’s court for hearing and final determination. I so order.
5. This file closed.
Dated, signed and Delivered at Siaya this 17th Day of March, 2022
R.E. ABURILI
JUDGE