Republic v Titus Kithangarari Chabari & 3 Others [2016] KEHC 2112 (KLR)
- Court
- High Court of Kenya
- Case number
- 2112
- Citation
- [2016] KEHC 2112 (KLR)
- Decided
- 3 November 2016
AI Summary
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TypeMiscellaneous Criminal ApplicationPostureApplication for transfer of criminal caseCoramA. MABEYA, JUDGE
Holding
The court transfers the case to the Senior Resident Magistrate's Court in Embu.
Facts
The Respondents were charged with preparation to commit a felony. The Director of Public Prosecution applied for the stay of the case and its transfer to another court due to political interference and witness intimidation.
Issues
- Whether there is a reasonable apprehension of no fair trial in the Marimanti Senior Resident Magistrate's Court
- Whether the transfer of the case to the Senior Resident Magistrate's Court in Embu is expedient for the ends of justice
Reasoning
The court finds that there is a reasonable apprehension of no fair trial in the Marimanti Senior Resident Magistrate's Court due to political interference and witness intimidation. The court is convinced that the apprehension is well-founded and that a fair trial cannot be had in the present court.
Outcome
Application granted, case transferred to the Senior Resident Magistrate's Court in Embu
Orders
- Marimanti RM Cr Case No. 569 of 2016 is transferred to the Senior Resident Magistrate's Court Embu
Authorities cited
Legislation (1)
- Criminal Procedure Code (CPC)
Cases cited (1)
- Maina Kinyatti v. Republic (1984) eKLR
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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