[2013] KEHC 2028 (KLR)
The court held that it would be unprocedural and improper for the High Court to intervene in the ongoing proceedings before the trial Magistrate's Court by granting the orders sought by the applicant. Such intervention would amount to the High Court entering the arena of the lower court matter and could intimidate...
Source-derived case information.
- Citation
- [2013] KEHC 2028 (KLR)
- Parties
- Applicant: Titus Ndegwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 19 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Legal Topics
- Recall of Witnesses, Disclosure of Evidence, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Titus Ndegwa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the High Court can intervene in ongoing proceedings before the trial Magistrate's Court to grant orders relating to evidence and procedure.
- 2 Whether the applicant is entitled to the orders sought regarding recall of prosecution OBs, supply of investigation diaries, and other procedural matters.
Ratio Decidendi
The court held that it would be unprocedural and improper for the High Court to intervene in the ongoing proceedings before the trial Magistrate's Court by granting the orders sought by the applicant. Such intervention would amount to the High Court entering the arena of the lower court matter and could intimidate judicial officers. The trial magistrate is presumed to know and apply the law judiciously, and it is not good practice for accused persons to seek High Court intervention each time a magistrate makes an order, as this causes unnecessary delays and tension in the court system. The applicant is advised to await the conclusion of the trial and, if dissatisfied, to exercise his...
Court Disposition
application dismissed
Orders
- All prayers sought by the applicant are declined.
- The learned trial magistrate to get a copy of this ruling.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MISC. APPLICATION (CRIMINAL) NO. 19 OF 2013
(CR. CASE NO.452/2012 - SIAKAGO)
TITUS NDEGWA.. ..............…...........................APPLICANT
VERSUS
REPUBLIC....................................................RESPONDENT
DIRECTIONS
The Notice of Motion (undated) is placed before me. The applicant is seeking the following orders.
The trial Court to grant him a chance to recall the prosecution OB's of 2nd August 2012 to reflect these cases No. 570/12 and 452/12.
The trial Magistrate to order the prosecution to issue him with different investigation diaries of case No. 570/12 and 452/12 of 2nd August 2012.
The trial Magistrate to re-order that he be supplied with prosecution court order with the information that he was placed in cells on 2nd August for pending investigation.
The trial Magistrate to re-order that he be supplied with the prosecution court order to show the case why he was charged on 7th August 2012.
The trial Magistrate to supply him with typed questions that he asked the witness during the court proceedings.
The honourable High Court registrar to consider his application and grant him a chance of admitting his evidence to be heard in the High Court chamber as per the direction from the trial Magistrate.
The application is in relation the Criminal Case No. 452/12. What the applicant is asking this court to do is to actually get into the arena of the matter before the lower Court and start giving it directions. This is unprocedural and would amount to intimidation of Judicial officers.
The learned trial Magistrate knows the law and should apply it judiciously. It is not good practice for accused persons to rush to the High Court each time a magistrate makes an order. This causes delays and unnecessary tension in the Court. I therefore decline to issue any of the above orders. This will allow the learned trial Magistrate conclude the hearing as soon as possible. If the applicant is not satisfied with the outcome he is at liberty to exercise his right of appeal.
The learned trial magistrate to get a copy of this Ruling.
H.I. ONG’UDI
JUDGE
27/09/2013