Atsiaya v Republic [2022] KEHC 10455 (KLR)

Atsiaya v Republic (Criminal Revision E001 of 2022) [2022] KEHC 10455 (KLR) (24 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10455 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Revision E001 of 2022

WM Musyoka, J

June 24, 2022

Between

Geoffrey Atsiaya

Applicant

and

Republic

Respondent

Ruling

1. The Motion herein, dated 12th January 2022, principally seeks grant of bond, transfer of a case from one trial court to another and vacation of orders made by the trial court on 22nd November 2021.

2. The applicant is an accused person in Kakamega CMCCRC No. 1995 of 2020. That is the suit that he would like to have transferred from the magistrate trying him to another magistrate, and to have the orders made in that case on 22nd November 2021 set aside.

3. In exercise of the discretion given to me by Article 165(6) (7) of the Constitution, with respect to supervision of subordinate courts, I do hereby call for the file in Kakamega CMCCRC No. 1995 of 2020 for perusal for the purpose of considering whether I should give any orders or directions in that matter to ensure fair administration of justice, based on the application that the applicant before me.

4. Consequently, I do hereby direct the Deputy Registrar to call for the trial records in Kakamega CMCCRC No. 1995 of 2020.

5. The matter shall be mentioned on 25th July 2022. A production order shall issue. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.

DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24THDAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Geoffrey Atsiaya, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.