[2018] KEHC 3657 (KLR)
The court found that the applicant's reasons for seeking the recusal of the trial magistrate and transfer of the case were unsubstantiated and amounted to an abuse of the court process. The allegations of bias, threats, and unfair treatment were not supported by sufficient evidence. The court emphasized that the...
Source-derived case information.
- Citation
- [2018] KEHC 3657 (KLR)
- Parties
- Applicant: Miriti Stanley Murea; Respondent: Director of Public Prosecutions; Complainant: Judith Makena Kalaine
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 103 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Criminal Case and for Recusal of Trial Magistrate
- Outcome
- application dismissed
- Legal Topics
- Recusal of Judicial Officer, Transfer of Criminal Proceedings, Fair Trial Rights, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriti Stanley Murea
Applicant
Director of Public Prosecutions
Respondent
Judith Makena Kalaine
Complainant
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Criminal Case and for Recusal of Trial Magistrate
Legal Issues
- 1 Whether the trial magistrate should recuse himself from hearing the applicant's case due to alleged bias and misconduct.
- 2 Whether the criminal case should be transferred from Tigania Law Courts to another court.
- 3 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant's reasons for seeking the recusal of the trial magistrate and transfer of the case were unsubstantiated and amounted to an abuse of the court process. The allegations of bias, threats, and unfair treatment were not supported by sufficient evidence. The court emphasized that the appropriate remedy for dissatisfaction with the magistrate's refusal to recuse himself was to appeal that decision, not to file a separate miscellaneous application. The timing of the application, coming at the stage when the applicant was expected to defend himself, suggested a motive to delay the proceedings. Consequently, the court held that the application was unmerited and...
Court Disposition
application dismissed
Orders
- The application for transfer and recusal is dismissed as unmerited.
- The applicant is ordered to appear before the trial court on 11.10.2018 to defend himself and avail his witnesses if any.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
MISC. APPLICATION NO.103 OF 2018
REPUBLIC......................................................................PROSECUTION
VERSUS
MIRITI STANLEY MUREA…...............................................ACCUSED
RULING
The applicant Miriti Stanley Murea filed an application seeking that this court transfers Tigania SRM CR. C. No. 906 of 2015 to any court other than Tigania Law Courts.
The application was based on grounds on face of application to the effect that on 6. 8.2018 his defence was closed without being given a hearing. That the trial Magistrate refused to recuse himself;
That he had complained to JSC against the trial court and that he was apprehensive that he can’t get fair hearing.
That the trial magistrate verbally threatened to send him to jail and he feared that these threats will be realised.
That the trial court is biased against him and not tempered whenever the matter is called out and even uses abusive language by calling him stupid in open court.
That on 6. 8.2018 that trial court denied his request for adjournment and closed his defence case without a hearing.
In supporting affidavit applicant averred that the trial magistrate declined to hear his application for recusal.
I have considered the applicants application as well as supporting affidavit and the Replying affidavit of Judith Makena Kalaine the complainant in Tigania SRMC. CR.C No. 906 of 2015. I have also considered the states oral submissions in court that the applicant ought to have appealed against the decision of the trial magistrate declining to recuse himself and not file another miscellaneous application. Mrs Mwathi for Respondent/State submitted that applicants conduct is a delaying tactic.
I have also considered the complainant advocates submissions. I do find that the reasons given by the applicant seeking recusal of the trial magistrate in a trial that commenced in 2015 at the time when he is expected to defend himself is an abuse of the process of the court and is meant to delay the expeditious trial in these proceedings. This court therefore finds that the application is unmerited. The applicant is hereby ordered to appear before the trial court on 11. 10. 2018 and defend himself. He should also avail his witnesses if any.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 4TH DAY OF
OCTOBER 2018.
In the presence:
Applicant: PIP
Respondent: Mrs Mwathi for DPP.
Mr Mwirigi Advocate for Interested Party.
HON. A.ONG’INJO
JUDGE