[2014] KEHC 1218 (KLR)
The court found that the substantive prayers in the application had already been addressed by previous orders, and that the remaining prayer for transfer of the case had been overtaken by events due to the transfer of the trial magistrate. As such, there was no longer a basis for granting the transfer, and the file...
Source-derived case information.
- Citation
- [2014] KEHC 1218 (KLR)
- Parties
- Applicant: Patrick Njoroge; Respondent: Kennedy Gitau; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 12 of 2012
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Review and Transfer
- Outcome
- Application dismissed as spent and overtaken by events.
- Judges
- BT Jaden
- Legal Topics
- Right to Legal Representation, Transfer of Criminal Cases, Review of Magistrate Decisions
- 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
Patrick Njoroge
Applicant
Kennedy Gitau
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Review and Transfer
Legal Issues
- 1 Whether the accused persons were unlawfully denied representation by advocates of their choice.
- 2 Whether the criminal case should be transferred from Kilungu Law Courts to another court of competent jurisdiction.
Ratio Decidendi
The court found that the substantive prayers in the application had already been addressed by previous orders, and that the remaining prayer for transfer of the case had been overtaken by events due to the transfer of the trial magistrate. As such, there was no longer a basis for granting the transfer, and the file was returned to its original station for hearing and determination. The court emphasized that the right to legal representation is constitutionally protected, but in this instance, the circumstances had changed such that the relief sought was no longer necessary.
Court Disposition
Application dismissed as spent and overtaken by events.
Orders
- The file is returned to its mother station for hearing and determination.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL MISC. APPLICATION NO. 12 OF 2012
IN THE MATTER OF KILUNGU PRINCIPAL MAGISTRATE’S COURT CRIMINAL CASE NO. 154 OF 2011; REPUBLIC –VS- PATRICK NJOROGE & KENNEDY GITAU
AND
IN THE MATTER OF THE CRIMINAL PROCEDURE CODE
AND
IN THE MATTER OF THE CONSTITUTION OF KENYA
BETWEEN
PATRICK NJOROGE .…………………..………………….…………………… APPLICANT
AND
KENNEDY GITAU
THE DIRECTOR OF PUBLIC PROSECUTIONS ……........................…… RESPONDENTS
R U L I N G
The application dated 16/2/12 seeks orders that:-
“That this application be certified urgent and be heard ex parte in the first instance.
That this Honourable court be pleased to review the ruling of the court delivered on 10/2/2012 in which the subordinate court locked the accused persons from getting representation from Advocates of their own choice.
That this Honourable Court be pleased to order thatPMCR No. 154 of 2011; Patrick Njoroge & Kennedy Gitaube transferred fromKilungu Law Courtto any other court of competent jurisdiction under this Honourable court”.
Orders were issued on 21/3/12 in respect of prayer No. 1 – 3 and the said prayers are now spent.
On prayer No. 4 which seeks the transfer of the case from Kilungu Law Courts, the same has been overtaken by events. The trial magistrate who is the subject of the application has since moved on transfer.
The file is therefore returned to its mother station for hearing and determination.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 26thday of November2014.
………………………………………
B. THURANIRA JADEN
JUDGE