[2008] KEHC 2718 (KLR)
The court found that the circumstances of the case justified the transfer of the hearing venue from Meru to Nairobi or another convenient court to ensure the ends of justice and prevent prejudice. The court also recognized the need to transfer the accused to a more secure prison facility, Kamiti Maximum Prison, or...
Source-derived case information.
- Citation
- [2008] KEHC 2718 (KLR)
- Parties
- Applicant: Republic; Respondent: Batholomeo Kaugiria alias Toy
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 8 of 2008
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Transfer of Venue and Related Orders
- Outcome
- Application allowed. Orders granted as prayed.
- Legal Topics
- Transfer of Venue, Prisoner Rights, Witness Facilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Batholomeo Kaugiria alias Toy
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Transfer of Venue and Related Orders
Legal Issues
- 1 Whether the venue for hearing Criminal Case No. 1220 of 2006 should be changed from Meru to Nairobi or another convenient court.
- 2 Whether the transfer of the accused to a different prison facility is warranted.
- 3 Whether the accused should be provided with regular ARV drugs while in custody.
Ratio Decidendi
The court found that the circumstances of the case justified the transfer of the hearing venue from Meru to Nairobi or another convenient court to ensure the ends of justice and prevent prejudice. The court also recognized the need to transfer the accused to a more secure prison facility, Kamiti Maximum Prison, or another with similar security, to address security concerns. Further, the court ordered that the accused be provided with a regular supply of ARV drugs, acknowledging his right to necessary medical treatment while in custody. Finally, the court directed the State to facilitate the transport and accommodation of the accused's witnesses, provided the accused supplies their...
Court Disposition
Application allowed. Orders granted as prayed.
Orders
- The venue for hearing Criminal Case No. 1220 of 2006 is changed from the Chief Magistrate’s Court at Meru to the Chief Magistrate’s Court at Nairobi or other convenient court.
- The Commanding Officer Meru G.K. Prison is authorized to transfer Prisoner No. MRU/71/108/CON Batholomeo Kaugiria to Kamiti Maximum Prison or another prison with similar security.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Crim Misc Appli 8 of 2008
IN THE MATTER OF CRIMINAL CASE NO. 1220/06 R- VS – BATHOLOMEO KAUGIRIA alias TOY
REPUBLIC………………………………………………………..APPLICANT
V E R S U S
BATHOLOMEO KAUGIRIA alias TOY…….………………RESPONDENT
R U L I N G
Upon reading the Application of State Counsel dated and filed in court on 13. 03. 2008 and upon hearing Mr. Kimathi learned State Counsel, and upon hearing the accused, Mr. Batholomeo Kaugiria alias Toy in response thereto, I am satisfied that this is a proper case for an order to be made under Section 81(1) (e) (ii) of the Criminal Procedure Code, (Cap.75), Laws of Kenya. I therefore make the following orders:
(1) That the venue for hearing Criminal Case No. 1220 of 2006 be changed from the Chief Magistrate’s Court at Meru to the Chief Magistrate’s Court at Nairobi or other convenient court.
(2) Authorize the Commanding Officer Meru G.K. Prison to transfer the Prisoner No. MRU/71/108/CON BATHOLOMEO KAUGIRIA to Kamiti Maximum Prison or such other prison with similar facilities of security as Kamiti Maximum Prison.
(3) The Prison authority shall avail to the prisoner Batholomeo Kaugiria a regular supply of ARV drugs.
(4) The State (Republic) shall facilitate the transport and accommodation of witnesses for the said accused of whom the accused shall first have supplied the names, locations and other particulars to facilitate arrangements as aforesaid.
Dated and delivered at Meru this 14th day of March 2008.
M. J. Anyara Emukule
JUDGE.