Joseph Kaviti v Republic [2016] KEHC 1167 (KLR)
- Court
- High Court of Kenya
- Case number
- 1167
- Citation
- [2016] KEHC 1167 (KLR)
- Decided
- 3 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to transfer case from Shanzu law courts to Mombasa law courtsCoramD. O. CHEPKWONY
Holding
Applicant's application is struck out and directed to make application to transfer case or for trial magistrate to recuse herself
Facts
Applicant seeks to transfer his case from Shanzu law courts to Mombasa law courts. He claims that the trial magistrate should recuse herself from hearing his case.
Issues
- Applicant's application to transfer case
- Requirement to make application before trial magistrate
Reasoning
The applicant should have made his application before the trial magistrate and can only approach this court if the trial magistrate declines to recuse herself and he feels aggrieved.
Outcome
Application struck out
Orders
- Return Shanzu Principal Magistrate Criminal Case No 507 of 2013 to trial magistrate for further orders
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.
Loading judgment…