[2017] KEHC 4120 (KLR)
The court found that the applicant failed to provide any substantive reason or evidence of prejudice to justify the transfer of the criminal file. The applicant's reasons were personal and unrelated to the conduct of the court or prosecution. The proceedings in the lower court had substantially progressed, and no...
Source-derived case information.
- Citation
- [2017] KEHC 4120 (KLR)
- Parties
- Applicant: Simon Wanjala Wanyonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 10 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Criminal File
- Outcome
- application dismissed
- Judges
- HK Chemitei
- Legal Topics
- Transfer of Criminal Cases, Delay of Trial, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Wanjala Wanyonyi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Criminal File
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for the transfer of criminal file No. 100 of 2015 from one court to another.
- 2 Whether the application to transfer the file is a legitimate request or a delaying tactic.
Ratio Decidendi
The court found that the applicant failed to provide any substantive reason or evidence of prejudice to justify the transfer of the criminal file. The applicant's reasons were personal and unrelated to the conduct of the court or prosecution. The proceedings in the lower court had substantially progressed, and no issues were raised regarding fairness or impartiality. The court agreed with the state that the application was a delaying tactic and that allowing such applications without merit would undermine the expeditious disposal of cases. Consequently, the application was dismissed to prevent further delay and abuse of the court process.
Court Disposition
application dismissed
Orders
- The application to transfer file No. 100 of 2015 is dismissed.
- The trial court is to proceed expeditiously with the hearing and determination of the case.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISC. CRIMINAL APPLICATION NO. 10 OF 2017
SIMON WANJALA WANYONYI …............APPLICANT
VERSUS
REPUBLIC …..........................................RESPONDENT
R U L I N G
1. By his motion dated 17th October 2016 the applicant prays that file No. 100 of 2015 be transferred from court No. 2 in the lower court to any other court. His argument basically is that he wants the same transferred as he was unable to prosecute the same due to the death of his grandfather and sister respectively.
2. The state has opposed the same arguing that it had no basis at all but simply delaying the finalisation of the same.
3. I have perused the proceedings in file No. 100 of 2015 and the same has substantially proceeded. I do not find any basis why the applicant wants the file to be transferred to another court. He has not raised any issues concerning the court or the prosecution on how the matter is being conducted.
4. I agree with the learned state counsel that the same is simply a delaying tactic. The application is dismissed. Let the trial court proceed expeditiously noting that the delay caused by this application has been inordinate.
Delivered this 27th day of July, 2017.
_________________
H.K. CHEMITEI
JUDGE
In the presence of;
Kakoi for the respondent present
Applicant – present
Kirong/Silvia – Court Assistants
_________________
H.K. CHEMITEI
JUDGE
27/7/2017