[2020] KEHC 8700 (KLR)
The court exercised its discretion under Section 137(J)(2) of the Criminal Procedure Code to retain the trial in the current court. The judge considered the submissions of all parties, who unanimously agreed that transferring the case would result in significant delay and wastage of judicial resources, as...
Source-derived case information.
- Citation
- [2020] KEHC 8700 (KLR)
- Parties
- Applicant: Republic; Defendant: Eddlied Mandi Jilani; Defendant: Makonde Ruwa Buni; Defendant: Ngaira Karisa Charo; Defendant: Katana Karisa Charo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2018
- Procedural Posture
- Criminal Case / Direction on Venue of Trial Under Section 137(j)(2) Cpc
- Outcome
- Trial to proceed in current court; counsel to be appointed for 3rd accused.
- Judges
- DO Ogembo
- Legal Topics
- Trial Venue, Transfer of Proceedings, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Eddlied Mandi Jilani
Defendant
Makonde Ruwa Buni
Defendant
Ngaira Karisa Charo
Defendant
Katana Karisa Charo
Defendant
Procedural Posture
Criminal Case / Direction on Venue of Trial Under Section 137(j)(2) Cpc
Legal Issues
- 1 Whether the trial should proceed in the current court or be transferred to another court under Section 137(J)(2) of the Criminal Procedure Code.
- 2 Whether changing the trial court would cause undue delay and defeat justice.
Ratio Decidendi
The court exercised its discretion under Section 137(J)(2) of the Criminal Procedure Code to retain the trial in the current court. The judge considered the submissions of all parties, who unanimously agreed that transferring the case would result in significant delay and wastage of judicial resources, as substantial proceedings had already taken place. The court found that the interests of justice and the need for expediency outweighed any reason for transfer. Therefore, the trial would proceed in the current court, and the Deputy Registrar was directed to appoint counsel for the 3rd accused to ensure fair representation.
Court Disposition
Trial to proceed in current court; counsel to be appointed for 3rd accused.
Orders
- The trial of this matter will proceed in this court.
- The Deputy Registrar is directed to appoint counsel for the 3rd accused.
Full Case Text
Judgment text and source record
23 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL CASE NO. 24 OF 2018
REPUBLIC……………….……………………………PROSECUTOR
VERSUS
1. EDDLIED MANDI JILANI
2. MAKONDE RUWA BUNI
3. NGAIRA KARISA CHARO
4. KATANA KARISA CHARO……………………………...ACCUSED
RULING UNDER SECTION 137 (J) (2) OF THE CRIMINAL PROCEDURE CODE
1. Pursuant to the Ruling herein dated 28/11/2019, this court is required to give directions under Section 137 (J) 2 of Criminal Procedure Code as to whether this matter will proceed with trial in this court or whether it shall be transferred to another court. The court allowed the parties to submit on that issue. Mr. Kemo, learned counsel for the State, Mr. Magolo, learned counsel for the 1st accused, Mr. Wamotsa, learned counsel for the 2nd accused, and Mr. Salim, learned counsel for the victim family, all submitted in unison that Section 137 J (2) is couched in discretionary terms using the word “may”, and so, this court should be able to proceed with the trial. Counsel submitted that if the trial court was to be changed this would result into a lot of delay which would itself defeat justice.
2. I have considered the said submissions and the need for expediency in the trial. Substantial proceedings have taken place in this court. All those would go to waste if a fresh trial were ordered in another court.
3. I therefore order and direct that the trial of this matter will proceed in this court, and in accordance with the law.
4. I direct that the Deputy Registrar appoints a counsel for the 3rd Accused.
Dated, Signed and Delivered at Mombasa this 22nd day of January, 2020.
E. K. OGOLA
JUDGE
In the presence of:
Mr. Magolo for 1st Accused
Mw. Wamotsa for 2nd accused
Mr. Fedha holding brief Kemo for DPP
3rd Accused in person
Mr. Kaunda Court Assistant