ANGELUS MAINA MWANGI vs REPUBLIC [2001] KEHC 210 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBICRIMINAL APPLICATION NO.329 OF 2001

ANGELUS MAINA MWANGI …………………………. APPLICANT VERSUS REPUBLIC ……………………………………………… RESPONDENT

RULING

Angelus Maina Mwangi (the applicant) filed this Chamber Summons on 15/5/2001 seeking consolidation of the following cases in the Chief Magistrate’s Court Makandara: Cr. Cases Nos 1528/2000, 2979/2000, 2936/01 9308/01, 9313/01,9310/01, 9310/01, 9311. 01, 9312/01, 9304/01, 9304/01 and 9309. 01. He also seeks the same to be consolidated with Principal Magistrate’s court Cr. Case No.2979/200 Kibera.

He has supported this application with his affidavit, essentially deponing that he finds it difficult to attend various courts for either mention or hearings of these cases on the same day. Other hearings dates do overlap. He had deponed that all these cases relate to similar changes of obtaining by false pretense contrary to Section 313 of the Penal Code, save for Cr. Case No.9310/2001 which is stealing by agent.

In my view the application before me is proper. But before a final order of consolidation can be issued I direct that all the above cases be mentioned before the Chief Magistrate Makadar on the 12th June, 2001 where the applicant can apply for that consolidation. For this purpose the application is to be produced before the Chief Magistrate Makadar on that 12. 6.2001 at 9. 00 a.m. The Deputy Registrar, High Court Criminal Division to give appropriate instructions to the Chief Magistrate’s Court Makadara and SPM Kibera to ensure all the above files are placed before the Chief Magistrate , Makadara.

The ruling be typed and forwarded to the Director of Public Prosecutions to deal appropriately.

It is so ordered.

A.G.A. ETYANG’ JUDGE 5. 6.2001