[2006] KEHC 467 (KLR)
The court, while expressly stating it does not believe the applicants' allegations, finds that the seriousness of the claims could undermine the perception of impartiality and fairness in the proceedings. To uphold the principle that justice must be seen to be done, the court reluctantly orders the transfer of the...
Source-derived case information.
- Citation
- [2006] KEHC 467 (KLR)
- Parties
- Applicant: Peter Mutia; Applicant: Kyalo Wambua; Applicant: David Muneeni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 207 of 2006
- Procedural Posture
- Criminal Revision / Ruling on Application for Transfer of Criminal Case
- Outcome
- Application for transfer of criminal case allowed.
- Judges
- DA Onyancha
- Legal Topics
- Transfer of Criminal Cases, Fair Trial Rights, Judicial Bias
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mutia
Applicant
Kyalo Wambua
Applicant
David Muneeni
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Transfer of Criminal Case
Legal Issues
- 1 Whether the allegations made by the applicants warrant the transfer of the criminal case to another court.
- 2 Whether the principle that justice should be seen to be done requires the transfer of the case.
Ratio Decidendi
The court, while expressly stating it does not believe the applicants' allegations, finds that the seriousness of the claims could undermine the perception of impartiality and fairness in the proceedings. To uphold the principle that justice must be seen to be done, the court reluctantly orders the transfer of the case to another court of competent jurisdiction. This decision is made solely to preserve public confidence in the administration of justice, not as an endorsement of the applicants' allegations.
Court Disposition
Application for transfer of criminal case allowed.
Orders
- Mwingi SRMC Cr. Case No. 746 of 2005 is transferred to Machakos Chief Magistrate’s Court for hearing and final determination.
- Mention of case before Machakos Chief Magistrate for relevant directions on 26/10/06.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Criminal Revision 207 of 2006
PETER MUTIA
KYALO WAMBUA
DAVID MUNEENI ………………..……………. APPLICANTS
VERSUS
REPUBLIC …..………………………………... RESPONDENT
R U L I N G
I have carefully considered the allegations made by the applicant in Mwingi SRMC Cr. Case No. 746 of 2005. These allegations are the grounds upon which the applicant seeks a transfer of the case in which two witnesses have already testified. While this court does not believe the allegations, they are of a serious nature and may dent the applicant as the accused and the trial magistrate.
On that ground alone and not because this court believes the applicant, and for the sake of giving a chance for the principle of “justice should be seen to be done”, this court will very reluctantly, transfer the case to another court of competent jurisdiction.
Order:
1. Mwingi SRMC Cr. Case No. 746 of 2005 is hereby transferred to Machakos Chief Magistrate’s Court for hearing and final determination.
2. Mention of case before Machakos Chief Magistrate for relevant directions on 26/10/06.
3. Copy of this ruling to be served upon the trial magistrate at Mwingi.
D.A. ONYANCHA
JUDGE
19/10/06