Office of Director of Public Prosecutions, Siaya County v Abdi Ali Hassan [2022] KEHC 1371 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISCELLANEOUS  CRIMINAL APPLICATION NO. E031 OF 2022

CORAM: HON. R.E. ABURILI, J

OFFICE OF DIRECTOR OF PUBLIC PROSECUTIONS, SIAYA COUNTY..............APPLICANT

VERSUS

ABDI ALI HASSAN........................................................................................................RESPONDENT

RULING

1. I have perused the application dated 16/3/2021 filed by the ODPP Siaya.

2. I observe that the complainant in Ukwala PM Criminal Case No. E028/2022 is Hon. Lyna Sarapai who is the Head of Station, Judicial Officer at Ukwala PM’s court.

3. That being the case, it is only fair and just that the case against the Respondent Abdi Ali Hassan be transferred to another court of competent jurisdiction for hearing and final determination, for justice to be seen to be done.  This is so because one cannot be a judge in their own cause and although there is another judicial officer in the court station at Ukwala, perception that she may favour her senior cannot be eliminated.

4. For the above reasons, I find this application merited as supported by the affidavit of No. 48662 CPL Martin Wanyonyi. I allow the application and direct that Ukwala PM Cr. E028/2022 Republic Versus Abdi Ali Hassan be forthwith transferred to Bondo Principal Magistrate’s court for hearing and final determination. I so order.

5. This file closed.

Dated, signed and Delivered at Siaya this 17th Day of March, 2022

R.E. ABURILI

JUDGE