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SIMON NJAGI v REPUBLIC [2002] KEHC 132 (KLR)

[2002] KEHC 132 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
132
Citation
[2002] KEHC 132 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal ApplicationPostureApplication for Disqualification and Consolidation of CasesCoramR.M. MUTITU
Holding

The application is dismissed. The cases should continue to be heard as separate criminal cases.

Facts

Simon Njagi applied to disqualify a magistrate from handling his case and to consolidate three criminal cases involving him.

Issues

  1. Disqualification of a magistrate from handling Simon Njagi's case
  2. Consolidation of Criminal Case No.2745/2000, Criminal Case No.916/2002, and Criminal Case No.508/2002

Reasoning

The magistrate's involvement as a complainant in another case does not justify disqualification. The cases are not related and should be heard separately.

Outcome

Application dismissed

Orders

  • Criminal Case No.2745/2000 should be heard afresh before a new trial magistrate
  • Criminal Case No.916/2002 and Criminal Case No.508/2002 should continue to be heard as separate cases
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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