PATRICK NTHIGA MUVUNGU vs REPUBLIC [2000] KEHC 514 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPLICATION NO.449 OF 2000

PATRICK NTHIGA MUVUNGU...........................APPLICANT Versus REPUBLIC.........................................................RESPONDENT

PROCEEDINGS

26-9-2000:

Ireri for Applicant

Miss Shiundu, State Counsel

Ireri:

Refer to the affidavit in support. Pray for the stay of the proceedings in the court below. The hearing there is fixed for to-morrow.

The objection to the copies.

Annexture dated 13-7-2000. The applicant never worked at Nyayo house.

The Magistrate did not consider the objection raised by the applicant. Section 68 & 69 of the Evidence Act not complied with.

Miss Shiundu: Only served yesterday. I am not ready. I do not have the Magistrate’s ruling. I leave it to court.

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION CRIMINAL APPLICATION NO.449 OF 2000

PATRICT NTHIGA MUVUNGU.................................APPLICANT Versus REPUBLIC................................................................RESPONDENT

RULING I have considered the grounds canvassed by the Applicant to stay the proceedings in the Magistrate’s Criminal Case. It would be totally improper to interfer with the Magistrate’s ruling in a matter raised in the application since the trial is pending.

There is nothing to prevent the applicant from challenging any error in the court below after the conviction if any, on appeal against it. The court sitting on such appeal would then decide the ground raised on it either way.

The present application for the stay of the proceedings in the Resident Magistrate’s court is dismissed.

V.V. PATEL JUDGE 26-9-2000