Mose v Republic [2023] KEHC 24874 (KLR)

Mose v Republic (Miscellaneous Criminal Application E010 of 2023) [2023] KEHC 24874 (KLR) (7 November 2023) (Ruling)

Neutral citation: [2023] KEHC 24874 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E010 of 2023

DR Kavedza, J

November 7, 2023

Between

Dick Ogoti Mose

Applicant

and

Republic

Respondent

Ruling

1. The applicant filed an undated Notice of Motion and prayed for orders, inter alia, that the trial Magistrate in Kibera MCCR Case No. E1355 R v Dick Ogoti, do recuse herself and the file be placed before another court of equal jurisdiction.

2. The application is premised on grounds on the face thereof and reiterated in the supporting affidavit of the applicant, Dick Ogoti Mose.

3. The averments made are that the Trial Magistrate does not listen to the accused person whenever he appears in court. The applicant further avers that he has on several occasions prayed the trial court to issue orders for him to be taken to hospital for special treatment, which prayer has never been granted. He is apprehensive that the trial court is bias and will not administer justice in the circumstances. He therefore seeks an order for the trial Magistrate to recuse herself and the file be heard by another court of equal status.

4. Having considered the application, it is my view that the same is premature at this juncture. The applicant ought to have first made the application before the trial court.

5. In this regard, I find that the undated notice of motion application is devoid of merit and is hereby dismissed. File closed.

6. It is so ordered.

RULING DATED AND DELIVERED VIRTUALLY THIS 7TH DAY OF NOVEMBER 2023. D. KAVEDZAJUDGEIn the presence of:Ms Akunja for the State.Applicant present (VTC).