[2022] KEHC 13109 (KLR)
The High Court found that although there was no specific complaint against any judicial officer at Ukwala Law Courts, the accused's persistent lack of confidence in the court and his allegations of non-responsiveness from the Police and ODPP created a situation where the trial court itself was uncomfortable...
Source-derived case information.
- Citation
- [2022] KEHC 13109 (KLR)
- Parties
- Applicant: Republic; Respondent: David Otieno Jereman
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E122 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Request for Transfer of Criminal Case
- Outcome
- Application for transfer of criminal case allowed.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Cases, Jurisdiction of Trial Courts, Accused Rights, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Otieno Jereman
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Request for Transfer of Criminal Case
Legal Issues
- 1 Whether the accused's lack of confidence in the trial court and complaints against the police and ODPP justify transfer of the criminal case to another court.
- 2 Whether there is any specific complaint against judicial officers warranting recusal or transfer.
Ratio Decidendi
The High Court found that although there was no specific complaint against any judicial officer at Ukwala Law Courts, the accused's persistent lack of confidence in the court and his allegations of non-responsiveness from the Police and ODPP created a situation where the trial court itself was uncomfortable proceeding with the matter. Recognizing the importance of maintaining the integrity of the criminal justice process and ensuring that the accused is willing to submit to the court's jurisdiction, the High Court exercised its discretion to transfer the case to Siaya Law Courts for hearing and final determination. This decision was made to uphold the interests of justice and the smooth...
Court Disposition
Application for transfer of criminal case allowed.
Orders
- Ukwala PMCr Case No. E067/2022 is transferred to Siaya Law Courts for hearing and final determination.
- This file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Jereman (Miscellaneous Criminal Application E122 of 2022) [2022] KEHC 13109 (KLR) (20 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13109 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E122 of 2022
RE Aburili, J
September 20, 2022
Between
Republic
Applicant
and
David Otieno Jereman
Respondent
(Being a request for directions from the Principal Magistrates’ Court at Ukwala in Criminal Case No. E067 of 2022 by Hon L. Sarapai, PM)
Ruling
1. I have perused the order made on 5/8/2022 by Hon. L. Sarapai, Principal Magistarte, Ukwala Law Courts seeking for directions of this court in the matter being Ukwala PM Cr Case No. E067/2022 where the accused David Otieno Jereman submitted from the date of Plea that he had no confidence in Ukwala Law Courts and wanted his case transferred to Siaya Law Courts. Later he submitted that he had established a pattern of non-responsiveness from the Police and the ODPP to his complaints about some family feuds. This court observes that there is no particular or specific complaint raised against any of the judicial officers at Ukwala Law Courts.
2. However, as the criminal justice system is a chain that begins elsewhere and ends at the courts, and as the trial court itself is not comfortable handling the case where the accused is unwilling to submit to the jurisdiction of the court because of the issues that he allegedly has with the Police and ODPP at Ukwala, I direct that Ukwala PMCr Case No. E067/2022 be and hereby transferred to Siaya Law Courts for hearing and final determination.
3. I so order.
4. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE