[2024] KEHC 4583 (KLR)
The High Court found that the applicants. right to a fair hearing had been compromised by repeated adjournments in the lower court, with only one witness having testified since 2022. The court held that justice would not be seen to be done if the matter continued before the same magistrate, given the history of...
Source-derived case information.
- Citation
- [2024] KEHC 4583 (KLR)
- Parties
- Applicant: Edwin Owino Omondi; Applicant: Meryline Kipng`eno Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E028 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Transfer and Speedy Hearing
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Right to Fair Hearing, Case Delay, Transfer of Criminal Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Owino Omondi
Applicant
Meryline Kipng`eno Owino
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Transfer and Speedy Hearing
Legal Issues
- 1 Whether the delay in hearing the criminal case amounts to a denial of the applicants. constitutional right to a fair hearing.
- 2 Whether the case should be transferred to another magistrate to ensure justice is seen to be done.
Ratio Decidendi
The High Court found that the applicants. right to a fair hearing had been compromised by repeated adjournments in the lower court, with only one witness having testified since 2022. The court held that justice would not be seen to be done if the matter continued before the same magistrate, given the history of delays. Consequently, the court ordered the transfer of the case to another magistrate and directed that the trial be concluded within a reasonable time, thereby upholding the applicants. constitutional rights and the integrity of the judicial process.
Court Disposition
application allowed
Orders
- The criminal case is transferred from Court 2 (Hon. Lester Simiyu) to another magistrate of competent jurisdiction.
- The case is to be mentioned before the Hon. Chief Magistrate for allocation to a different magistrate for trial and determination.
Full Case Text
Judgment text and source record
23 paragraphs
Omondi & another v Republic (Criminal Miscellaneous Application E028 of 2024) [2024] KEHC 4583 (KLR) (29 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4583 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E028 of 2024
DO Ogembo, J
April 29, 2024
Between
Edwin Owino Omondi
1st Applicant
Meryline Kipng`eno Owino
2nd Applicant
and
Republic
Respondent
(Being an Application for speedy hearing and determination of Case in the CM’s Court at Siaya Criminal Case No. E364 of 2022)
Ruling
1. I have considered this Application by the Applicants dated 2/4/2024. I have also considered the oral submissions of both the Applicants and the response by the State. The reason given by the Applicants is that this case is taking rather long, from 2022. And that the last and only witness gave evidence in July 2023. That it has been adjourned severally leading to a denial of the Constitutional Right to fair hearing.
2. I have perused the record of proceedings before the lower court. It is true that the case has been adjourned many times whatever reasons have been given to warrant such adjournments.
3. Justice must be done and must be seen to be done with the circumstances of this case and the reason given by the Applicants in this Application for transfer of this case, this court is of the opinion that justice would not be seen to have been done should the case proceed before the same magistrate, Hon. Lester Simiyu.
4. It is for this reason that I order that this case be transferred from Court 2, (Hon. Lester Simiyu and be allocated for trial by another magistrate of competent jurisdiction.
5. I order that this case be mentioned before Hon. Chief Magistrate today at 12. 00 pm for allocation to a different magistrate for trial and determination. I also order that such trial must be concluded within reasonable time.
Dated, Signed and Delivered this 29th Day of April, 2024. D. O. OGEMBOJUDGE29/4/2024SIAYA HC CRIMINAL MISC. APPLICATION NO. E028 OF 2024 RULING 1 | Page