Elkana Wafula Muhuyi v Republic [2015] KEHC 4981 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

MISC. APPLICATION CASE NO. 69 OF 2013

ELKANA WAFULA MUHUYI . …........................................ APPELLANT

VERSUS

REPUBLIC …..................................................................... RESPONDENT

RULING

1.  The application before this court is dated  the 2nd of December 2014. It seeks to have criminal case  no. 1691 of 2010 transferred from the Bungoma Chief Magistrate's Court  to any other court as the applicant is apprehensive that he may not receive a fair trial as  the complainant is an   officer with the National Intelligence Service within  Bungoma  town and may influence the  outcome of the trial due to her  position.

2.  The State Law Office opposed the application although the affidavit in opposition and the submissions made  were not   relevant to the issue before court as the  same addressed the issue of bond.

3.   Having considered the relevant documents before court I am not persuaded to  transfer the matter from this  jurisdiction to another merely on grounds of apprehension noting that  there   is no  proof of any  or likely bias on the part of the court.

In the premises I decline to grant the order.

4.  The applicant is reminded that the bail/bond application is renewable as circumstances change.

Dated at Bungoma  this 5th day of  May, 2015.

ALI-ARONI

JUDGE.