Patrick Ekombe v Republic [2018] KEHC 3682 (KLR)
- Court
- High Court of Kenya
- Case number
- 3682
- Citation
- [2018] KEHC 3682 (KLR)
- Decided
- 19 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to set aside ordersPostureApplication dismissedCoramJ. NJAGI
Holding
The application for the trial court judge to recuse herself is dismissed as there is no evidence of bias.
Facts
The applicant was charged in Mumias criminal case No.569 of 2017, which was withdrawn under section 87(a) of the CPC. He was later charged in Mumias criminal case No.777 of 2017 and absconded. The trial court proceeded with the case and placed the applicant on his defence.
Issues
- Bias of the trial court
- Recusal of the trial court judge
Reasoning
The court held that the applicant's grounds for bias were not valid as the trial court did not contravene any law by proceeding with the case. The applicant's request for the trial court to recuse itself was baseless.
Outcome
Application dismissed
Orders
- Mumias criminal case No.777 of 2017 proceeds to its conclusion before the trial magistrate, T.A. Odera
Authorities cited
Legislation (1)
- Criminal Procedure Code (CPC)
Cases cited (2)
- Philip K. Tunoi & Another Vs Judicial Service Commission & Another (2016) eKLR
- Tumaini Vs Republic 1972 EALR 441
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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