[2002] KEHC 474 (KLR)
The court held that it would be premature to order the withdrawal of the charge as sought by the applicant since the Attorney General is empowered by law to prosecute where there is sufficient evidence. However, the court recognized that the applicant's concerns regarding delay and possible personal vendetta could...
Source-derived case information.
- Citation
- [2002] KEHC 474 (KLR)
- Parties
- Applicant: Samuel Njoroge Karanja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 154 of 2002
- Procedural Posture
- Criminal Case / Ruling on Interlocutory Application
- Outcome
- Application partly allowed.
- Legal Topics
- Transfer of Criminal Cases, Powers of Attorney General, Fair Trial Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Njoroge Karanja
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Attorney General should be summoned to show cause why the charge under Section 296(2) of the Penal Code should not be withdrawn.
- 2 Whether the applicant's case should be transferred from Kikuyu Court to another court of competent jurisdiction in Nairobi.
Ratio Decidendi
The court held that it would be premature to order the withdrawal of the charge as sought by the applicant since the Attorney General is empowered by law to prosecute where there is sufficient evidence. However, the court recognized that the applicant's concerns regarding delay and possible personal vendetta could affect the fairness of the trial. To safeguard the applicant's right to a fair trial and address the administrative issues raised, the court ordered the transfer of the case from Kikuyu Court to the Chief Magistrate's Court Nairobi for further directions. The court also directed that the ruling be served upon the Chief Court Administrator to address coordination issues between...
Court Disposition
Application partly allowed.
Orders
- The case against the applicant is transferred to the Chief Magistrate’s Court Nairobi for directions as to hearing.
- The applicant shall appear before the Chief Magistrate on 26th February, 2002 for mention for such directions.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 154 OF 2002
SAMUEL NJOROGE KARANJA………………….…….APPLICANT VERSUS REPUBLIC…………………………………….……….RESPONDENT
R U L I N G
The applicant herein has moved the court for orders that the Attorney General be summoned to show cause why the charge under Section 296(2) of the Penal Code facing the applicant should not be withdrawn and that the case be transferred from Kikuyu Court to any other Court of competent jurisdiction in Nairobi.
The application is supported by an affidavit annexed thereto. In respect of the first prayer, the Attorney General has the power bestowed by law to file the charge provided there is sufficient evidence to sustain the same. Whether or not the charge should stand the way it is, is a matter of evidence and it would be premature to make and order such as the one sought by the applicant.
The second order sought by the applicant is, in my view administrative but underlined by the law that demands a fair trial. The issues raised by the applicant may not be isolated. In that regard, I must mention here that on reading the application, I consulted with the Chief Court Administrator as the concerns raised by the applicant go to the root of administration of justice. It is not necessary to delve into what transpired in that consultation.
Suffice is to say, the delay upon which the applicant’s apprehension is based may be real and if as he says the charges may have been raised against him to settle personal differences, then the case would be transferred to another court of competent jurisdiction.
Accordingly I, order that the case against the applicant shall and is hereby transferred to the Chief Magistrate’s Court Nairobi for directions as to hearing. The applicant shall appear before the Chief Magistrate on 26th February, 2002 for mention for such directions. I further direct that this ruling be served upon the Chief Court administrator to address the issue of co-ordination between the courts and prisons department in respect of transportation and delivery of prisoners from Kamiti Prison to Kikuyu Court.
Orders accordingly.
Dated and delivered at Nairobi this 19th day of February, 2002
A. MBOGHOLI MSAGHA
JUDGE