[2003] KEHC 274 (KLR)
The court determined that, due to the transfer of the original trial judge, the criminal trial against Hussein Fadhili Said must commence afresh at the High Court in Malindi. The court accepted the agreement of both prosecution and defence regarding the change of venue and the withdrawal of Mr. Gisemba as defence...
Source-derived case information.
- Citation
- [2003] KEHC 274 (KLR)
- Parties
- Applicant: Republic; Defendant: Hussein Fadhili Said
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 37 of 2001
- Procedural Posture
- Criminal Case / Ruling on Transfer and Representation; Pre Trial
- Outcome
- Case transferred to High Court Malindi; trial to commence afresh; accused remanded; new advocate to be assigned; assessors discharged.
- Legal Topics
- Transfer of Proceedings, Fitness to Plead, Legal Representation, Remand Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hussein Fadhili Said
Defendant
Procedural Posture
Criminal Case / Ruling on Transfer and Representation; Pre Trial
Legal Issues
- 1 Whether the trial should commence afresh due to the transfer of the original trial judge.
- 2 Whether the accused is mentally fit to plead and stand trial.
- 3 Whether the accused should be assigned new legal representation.
Ratio Decidendi
The court determined that, due to the transfer of the original trial judge, the criminal trial against Hussein Fadhili Said must commence afresh at the High Court in Malindi. The court accepted the agreement of both prosecution and defence regarding the change of venue and the withdrawal of Mr. Gisemba as defence counsel, with instructions for a Malindi-based advocate to be assigned. The court relied on the psychiatric report confirming the accused's mental fitness to plead and stand trial, with the condition that the accused continues medication to prevent relapse. The court further ordered the transfer of the case file, set a mention date, remanded the accused in custody, and discharged...
Court Disposition
Case transferred to High Court Malindi; trial to commence afresh; accused remanded; new advocate to be assigned; assessors discharged.
Orders
- The case is transferred to the High Court Malindi and fixed for mention on 3rd November 2003.
- Mr. Gisemba is granted leave to withdraw as defence counsel and to return committal documents and fee note to the Deputy Registrar.
Full Case Text
Judgment text and source record
9 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASACRIMINAL CASE NO. 37 OF 2001
REPUBLIC …….……………………………….…………. PROSECUTOR VERSUS HUSSEIN FADHILI SAID ……………………………………. ACCUSED R U L I N G
This case is partly heard before Mr. Justice Lawrence Ouna who has since been transferred to the High Court Nairobi Civil Division. In agreement with Mrs. Mwangi Principal State Counsel and Mr. Gisemba defence counsel, the trial of the accused shall now commence afresh at Malindi High Court.
In further agreement with Mr. Gisemba advocate, an advocate based in Malindi be assigned the conduct of the accused’s defence case. In this connection leave is hereby given to Mr. Gisemba to withdraw from representing the accused. He is to return the committal documents to the Deputy Registrar, together with his fee note.
The accused was on 23/7/03 examined by Dr. C.M. Mwangome, Consultant Psychiatrist at the Coast General Hospital who has filed his report dated 30th July 2003. According to this report the accused has now fully recovered mentally and is fit to plead and to stand this criminal trial. The accused is however to continue with medication to prevent any relapse.
I order that this case be, and is hereby transferred to the High Court Malindi and is fixed for mention on the 3rd November 2003 at Malindi. Accused remanded in custody till then.
Assessors be paid their respective allowances and are hereby discharged.
It is so ordered. Dated this 17th September 2003. A.G.A. ETYANG JUDGE