[2006] KEHC 470 (KLR)
The court found no clear or sufficient reason to justify the applicant's request for transfer based on alleged persecution or bias. However, due to the strong request from the Senior Resident Magistrate, who cited the applicant's uncooperative behavior and the resulting disruption of proceedings, the court exercised...
Source-derived case information.
- Citation
- [2006] KEHC 470 (KLR)
- Parties
- Applicant: Anthony Munyasya Mbele; Applicant: Rhoda Raymond; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 204 of 2006
- Procedural Posture
- Criminal Revision / Ruling on Application for Transfer of Criminal Cases
- Outcome
- Application for transfer of cases allowed on request of the Senior Resident Magistrate, not on the applicant's grounds.
- Judges
- DA Onyancha
- Legal Topics
- Transfer of Criminal Cases, Judicial Discretion, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Munyasya Mbele
Applicant
Rhoda Raymond
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Transfer of Criminal Cases
Legal Issues
- 1 Whether the applicant has established sufficient grounds for the transfer of his criminal cases to another court.
- 2 Whether accused persons are entitled to choose the venue or magistrate for their trial.
Ratio Decidendi
The court found no clear or sufficient reason to justify the applicant's request for transfer based on alleged persecution or bias. However, due to the strong request from the Senior Resident Magistrate, who cited the applicant's uncooperative behavior and the resulting disruption of proceedings, the court exercised its discretion to transfer the cases. The court emphasized that such transfers should be exceptional and only allowed in deserving circumstances, not as a matter of right for accused persons seeking to choose their trial venue or magistrate.
Court Disposition
Application for transfer of cases allowed on request of the Senior Resident Magistrate, not on the applicant's grounds.
Orders
- Kitui Senior Resident Magistrate’s Court Criminal Cases Nos. 242, 1269, 1450, and 1137 of 2005 are each transferred to Machakos Chief Magistrate’s court for hearing and final determination.
- The cases are to be spread among magistrates.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Criminal Revision 204 of 2006
RHODA RAYMOND
ANTONY MUNYASYA MBELE ……………… APPLICANTS
VERSUS
REPUBLIC ……………………………………. RESPONDENT
R U L I N G
The applicant Anthony Munyasya Mbele, has written several letters to this court seeking orders to transfer his four criminal cases to Nairobi Law Courts for trial. He claims that he is being persecuted by court officials. He even accuses court magistrates hearing the cases of using funny tricks which have led to the delay in the hearing of the cases which include Kitui Criminal Cases No. 242, 1269, 1450 and 1137 all of 2005.
The records further confirm that the applicant became so unco-operative that trials could not proceed smoothly. The Senior Resident Magistrate had as a result, to seek that the files be forwarded to this court for an order of transfer.
I have carefully perused the records and documents in the file. I am not sure and clear in my mind why the cases should be transferred for trials elsewhere.
In my view, the accused persons should not be allowed to choose where their trials should take place or who should hear them. It is less so where the accused appears to have a motive for wishing to have his case transferred.
In these cases the files have been forwarded here with a strong request from the Senior Resident Magistrate that they be formally transferred. I have accordingly acceded to that request. But in future, only very deserving transfers may be allowed.
Order:
1. Kitui Senior Resident Magistrate’s Court Criminal Cases Nos:
i. 242 of 2005
ii. 1269 of 2005
iii. 1450 of 2005
iv. 1137 of 2005
are each transferred to Machakos Chief Magistrate’s court for hearing and final determination.
2. The cases to be spread among magistrates.
3. Mention on 30/10/2006 for directions before the Chief Magistrate, Machakos.
D.A. ONYANCHA
JUDGE
23/10/06