[2018] KEHC 8742 (KLR)
The court found that the applications for recusal and review, both premised on the applicant's desire to be enjoined as an interested party, raised no new legal issues and had already been conclusively determined in a previous ruling. The applicant had been expressly denied joinder as an interested party but...
Source-derived case information.
- Citation
- [2018] KEHC 8742 (KLR)
- Parties
- Appellant: Robert Kariuki Njagi; Appellant: John Njagi Kiragu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 60 & 61 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Interlocutory Applications Prior to Judgment
- Outcome
- applications dismissed as incompetent and an abuse of process
- Legal Topics
- Joinder of Parties, Interested Party Status, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Kariuki Njagi
Appellant
John Njagi Kiragu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Interlocutory Applications Prior to Judgment
Legal Issues
- 1 Whether the applicant is entitled to be enjoined as an interested party in the pending criminal appeals.
- 2 Whether the applications for recusal and review constitute an abuse of the court process.
Ratio Decidendi
The court found that the applications for recusal and review, both premised on the applicant's desire to be enjoined as an interested party, raised no new legal issues and had already been conclusively determined in a previous ruling. The applicant had been expressly denied joinder as an interested party but permitted to participate by watching brief through the prosecutor. The court held that the repeated applications were an abuse of the court process and were therefore incompetent. Accordingly, the court dismissed both applications in their entirety.
Court Disposition
applications dismissed as incompetent and an abuse of process
Orders
- The applications dated 24/7/2017 and 21/7/2017 are dismissed in their entirety.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NOS. 60 & 61 OF 2014
[From the original conviction and sentence in Criminal Case No. 1433 of 2012 dated 2/10/2014 in the Chief Magistrate’s court at Embu, R. v. 1. John Njagi Kiragu 2. Robert Kariuki Njagi]
ROBERT KARIUKI NJAGI.....………………….1ST APPELLANT
JOHN NJAGI KIRAGU …………………………..2ND APPELLANT
VERSUS
REPUBLIC ………………..……………………………RESPONDENT
RULING
1. This ruling is in response to the following consolidated applications.
1. The interested party’s recusal/disqualification of the court (Bwonwonga, J) dated 24/7/2017.
2. The interested party’s application for review of the court’s ruling in respect of the reconstructed file dated 21/7/2017.
2. The two applications are opposed. They raise one common issue of law namely whether the applicant is entitled to be enjoined in the two appeals, which are pending for judgement before me.
3. The said common legal issue raised was comprehensively dealt with in my ruling of 06/04/2017. The said ruling dismissed the complainant’s application to be enjoined as an interested party in the instant two appeals. He was, however, granted permission to participate in the two appeals in the capacity of watching brief and to communicate to the court through the prosecutor.
4. I therefore find that the two applications are an abuse of the court process.
5. The upshot of the foregoing is that these two applications dated 24/7/2017 and 21/7/2017 are incompetent and an abuse of the court process. The two applications are hereby dismissed in their entirety.
Ruling delivered in open court this 17th day of January 2018 in the presence of Ms Nkurrunah holding brief for Mr. Anyoka, Ms Were for both appellants and Mr. Mukofu for state.
J. M. Bwonwonga
Judge
17/1/2018