PIUS MUNYOKI NGUNDA&ANOTHER; v REPUBLIC [2006] KEHC 473 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Criminal Revision 208 of 2006

PIUS MUNYOKI NGUNDA

CYRUS MUATHA KANYALU …………………. APPLICANTS

VERSUS

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

R U L I N G

I have perused the file of Kitui Principal Magistrate’s Court Traffic Case No. 707 of 2003.  I am satisfied that the consolidation done to join the above case by a Police Constable on 8/1/04 nullified the proceedings that followed as it tainted the same.  For said reason, the proceedings in relation to both cases as consolidated should stand nullified.

Order:

1.  Proceedings in Kitui Magistrate’s Court Traffic Case No. 707 of 2003 as consolidated is hereby declared nullified.

2.  A retrial of both cases is hereby ordered before the same court but before a magistrate with competent jurisdiction.

D.A. ONYANCHA

JUDGE

19/10/06