[2016] KEHC 8203 (KLR)
The court found that, for the convenience of the parties, consistency in the process, and expediency for the ends of justice, it was appropriate to recall the original trial magistrate, Hon. J. Gandani, to Mombasa to hear and finalize the part-heard criminal case. The court exercised its discretion under section...
Source-derived case information.
- Citation
- [2016] KEHC 8203 (KLR)
- Parties
- Applicant: Republic; Respondent: Jermain Jhon Grant & 2 others
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 111 of 2016
- Procedural Posture
- Miscellaneous Criminal Application / Directions on Venue and Facilitation for Hearing
- Outcome
- Application for directions granted. The trial magistrate is to be facilitated to travel to Mombasa to finalize the case.
- Judges
- DO Chepkwony
- Legal Topics
- Transfer of Trial, Judicial Facilitation, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jermain Jhon Grant & 2 others
Respondent
Procedural Posture
Miscellaneous Criminal Application / Directions on Venue and Facilitation for Hearing
Legal Issues
- 1 Whether the trial magistrate should be facilitated to travel to Mombasa to finalize the part-heard case.
- 2 Whether the matter should be transferred to Nairobi for hearing and determination.
Ratio Decidendi
The court found that, for the convenience of the parties, consistency in the process, and expediency for the ends of justice, it was appropriate to recall the original trial magistrate, Hon. J. Gandani, to Mombasa to hear and finalize the part-heard criminal case. The court exercised its discretion under section 8(1)(d) and (e) of the Criminal Procedure Code, determining that facilitating the magistrate's travel was preferable to transferring the case to Nairobi, as the matter was already part-heard and only pending submissions. This approach would avoid unnecessary delay and ensure continuity in the proceedings.
Court Disposition
Application for directions granted. The trial magistrate is to be facilitated to travel to Mombasa to finalize the case.
Orders
- Hon. J. Gandani, Senior Principal Magistrate, Milimani Law Courts, is recalled to Mombasa Law Courts to hear and finalize Chief Magistrate’s Criminal Case No 3914 of 2011.
- The Chief Registrar of the Judiciary, through the Chief Magistrate, Mombasa Law Courts, is to facilitate Hon. J. Gandani’s travel and subsistence from Nairobi to Mombasa for the period of hearing and finalizing the case.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT MOMBASA
MISC CRIMINAL APPLICATION NO.111 OF 2016
REPUBLIC......................................................................APPLICANT
VERSUS
JERMAIN JHON GRANT & 2 OTHERS...............RESPONDENTS
DIRECTIONS
This matter, being Chief Magistrate’s Criminal case No 3914 of 2011, Republic Versus Jermain Jhon Grant and 2 others, was referred to this court by Hon. D. N. Ogoti on 26. 10. 206 for directions that an order be made to either;
(a) to have the matter sent to Hon. Gandani’s court in Nairobi for hearing and determination, or
(b) in the alternative, the Chief Registrar of the Judiciary be directed to facilitate Hon Gandani to travel from Nairobi to Mombasa to hear and finalise the said matter.
I have perused the record in the said file and find that the reasons for Hon. D. N. Ogoti’s request are as follows:
(a) that the matter is a part heard case before Hon. J. Gandani, Senior Principal Magistrate who was transferred from Mombasa Law courts to Milimani law courts in Nairobi;
(b) that the prosecution closed their case on 22. 1.2016 and the matter is pending submissions by the parties;
(c) that the matter has come up for hearing about eight (8) times but it has not been able to proceed because the trial magistrate has not been facilitated to travel to Mombasa to hear and finalise the same.
In consideration of the request by Hon D. N. Ogoto, I wish to invoke the provisions of section 8 (1) (d) and (e) of the Criminal Procedure Code, which provides that;
(a) “whenever it is made to appear to the high court,
(b) that an order under this section will find the general convenience of the parties or witnesses; or
(c) That such an order is expedient for the ends of justice or is required by any provisions of the code.
For purposes of convenience to the parties , consistency in the process and expediency for the ends of justice, I direct that Hon J. Gandani, Senior Principal Magistrate, Milimani law courts be and is hereby recalled to Mombasa Law court to hear and finalize Mombasa Chief Magistrate’s Criminal case No 3914 of 2011, Republic versus Jermain Jhon Grant and 2 others.
The Chief Registrar of the Judiciary through the Chief Magistrate, Mombasa law courts to facilitate Hon J. Gandani’s travel and subsistence from Nairobi to Mombasa and subsistence for the period of hearing and finalizing the said case.
Directions signed and dated this 28th day of October 2016.
D. O. CHEPKWONY
JUDGE