[2017] KEHC 4883 (KLR)

[2017] KEHC 4883 (KLR)

The court found that the applicant had demonstrated tangible facts showing that his right to a fair trial would be prejudiced if the case remained at Nanyuki, as his clients and potential clients might presume his guilt upon seeing him defend a criminal case in that court. This would breach his constitutional right to be presumed innocent. The court held that the interests of justice and the principle of fair trial under Article 50 of the Constitution required the transfer of the case. The court exercised its discretion under section 81 of the Criminal Procedure Code to order the transfer, finding that the applicant's reasons were sufficient and not merely speculative or unsubstantiated.

Citation
[2017] KEHC 4883 (KLR)
Parties
Applicant: William Onwonga; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Judgment Date
20 June 2017
Case Number
Criminal Miscellaneous Application 78 of 2016
Procedural Posture
Miscellaneous Application / Judgment
Outcome
application allowed
Judges
MM Kasango
Legal Topics
Transfer of Criminal Cases, Fair Trial Rights, Judicial Discretion, Constitutional Rights
Source Language
English
Criminal Law Civil Procedure Transfer of Criminal Cases Fair Trial Rights Judicial Discretion Constitutional Rights

Case Brief

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Parties

William Onwonga

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient grounds for transfer of the criminal case from Nanyuki to another court.
  2. 2 Whether the continued hearing of the applicant's case at Nanyuki would prejudice his right to a fair trial under Article 50 of the Constitution.
  3. 3 Whether the High Court should exercise its discretion under section 81 of the Criminal Procedure Code to transfer the case.

Ratio Decidendi

The court found that the applicant had demonstrated tangible facts showing that his right to a fair trial would be prejudiced if the case remained at Nanyuki, as his clients and potential clients might presume his guilt upon seeing him defend a criminal case in that court. This would breach his constitutional right to be presumed innocent. The court held that the interests of justice and the principle of fair trial under Article 50 of the Constitution required the transfer of the case. The court exercised its discretion under section 81 of the Criminal Procedure Code to order the transfer, finding that the applicant's reasons were sufficient and not merely speculative or unsubstantiated.

Court Disposition

application allowed

Orders

  • Criminal Case No. 1358 of 2016 REPUBLIC –V- WILLIAM ONWONGA before Nanyuki Chief Magistrate’s Court is transferred to Isiolo Chief Magistrate’s Court for trial.
  • The case shall be mentioned before Isiolo Chief Magistrate’s Court on 7th July 2017.