[2019] KEHC 2601 (KLR)
The court found that the presence of the complainant, a judicial officer, as a party in the case at a station with only two judicial officers, created a perception of bias that could undermine the fairness and impartiality of the trial. To uphold the integrity of the judicial process and ensure justice is not only...
Source-derived case information.
- Citation
- [2019] KEHC 2601 (KLR)
- Parties
- Applicant: Republic; Respondent: Agnes Maurine Vuyanzi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 37 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Transfer of Criminal Case
- Outcome
- Application for transfer allowed; case transferred to Siaya Principal Magistrate's Court.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Cases, Perception of Bias, Venue Change, Judicial Officer Conflict
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Agnes Maurine Vuyanzi
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Transfer of Criminal Case
Legal Issues
- 1 Whether the criminal case should be transferred to another court due to perception of bias arising from the complainant being a judicial officer at the same station.
- 2 Whether the High Court has jurisdiction to order the transfer of the case under Section 81 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the presence of the complainant, a judicial officer, as a party in the case at a station with only two judicial officers, created a perception of bias that could undermine the fairness and impartiality of the trial. To uphold the integrity of the judicial process and ensure justice is not only done but seen to be done, the High Court exercised its powers under Section 81 of the Criminal Procedure Code to transfer the case to another court of competent jurisdiction. The transfer was deemed necessary to avoid any appearance of bias and to promote public confidence in the administration of justice.
Court Disposition
Application for transfer allowed; case transferred to Siaya Principal Magistrate's Court.
Orders
- Bondo SRM Criminal Case No. 730 of 2019 is transferred to Siaya Principal Magistrate’s Court for hearing and final determination.
- The Deputy Registrar to notify the accused person and the Office of Director of Public Prosecutions, Siaya, to appear before the Principal Magistrate’s Court for directions and/or pretrial.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION 37 OF 2019
REPUBLIC..............................................PROSECUTOR
VERSUS
AGNES MAURINE VUYANZI .....................ACCUSED
(From Original Bondo PM Criminal Case No. 730 of 2019 BeforeHon E.N. Wasike - SRM)
RULING
1. Bondo SRM Cr. Case No. 730 of 2019 involves a Judicial Officer Hon. Stella Mathenge, Resident Magistrate who is the Complainant and as there are only two Judicial Officers in the Court Station, perception of bias cannot be ruled out. The Presiding Magistrate has therefore sought directions of this Court on that account.
2. I have perused the file and the concern by the trial Court and I am satisfied that this is an appropriate case to be considered for transfer to another Court of competent jurisdiction for hearing and final determination. Section 81 of the Criminal Procedure Codeempowers this Court to change venue whenever it is made to appear to the High Court-
(a) That a fair and impartial trial cannot be heard in any Criminal Court subordinate thereto; or
(b) ………
(c) ……….
(d0 ……….
(e) That such an order is expedient for the ends of Justice or is required by any provision of this Code,the High Court may Order that the case be tried by a Court not empowered under the preceding Sections of this part but in other respects competent to try the offence.
3. Under Sub-Section 2 of the said Section 81, the High Court May act on the report of the Lower Court or on application of a party interested or on its own initiative.
4. I have read the rulings by Hon. E.N. Wasike – SRM Bondomade on 11. 10. 2019and 1/11/2019. I hereby Order that Bondo SRM Criminal Case No. 730 of 2019 be and is hereby transferred to Siaya Principal Magistrate’s Court and shall be heard and determined in the said Court as may be assigned to any of the three Judicial Officers by Hon. Ongondo, Head of Station.
5. Accordingly, the Bondo SRM Cr. C. No. 730 of 2019is hereby transferred to Siaya P.M’s Court for hearing and final determination.
6. The Deputy Registrar to notify the Accused person and the Office of Director of Public Prosecutions, Siaya to appear before the Principal Magistrate’s Court on any such date as may be convenient to both parties for directions and/or for pretrial.
7. Orders accordingly.
Given under my Hand and Seal of this Court this 4th day of November 2019
R.E. ABURILI
JUDGE