Republic v Jereman [2022] KEHC 13109 (KLR)

Republic v Jereman (Miscellaneous Criminal Application E122 of 2022) [2022] KEHC 13109 (KLR) (20 September 2022) (Ruling)

Neutral citation: [2022] KEHC 13109 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E122 of 2022

RE Aburili, J

September 20, 2022

Between

Republic

Applicant

and

David Otieno Jereman

Respondent

(Being a request for directions from the Principal Magistrates’ Court at Ukwala in Criminal Case No. E067 of 2022 by Hon L. Sarapai, PM)

Ruling

1. I have perused the order made on 5/8/2022 by Hon. L. Sarapai, Principal Magistarte, Ukwala Law Courts seeking for directions of this court in the matter being Ukwala PM Cr Case No. E067/2022 where the accused David Otieno Jereman submitted from the date of Plea that he had no confidence in Ukwala Law Courts and wanted his case transferred to Siaya Law Courts. Later he submitted that he had established a pattern of non-responsiveness from the Police and the ODPP to his complaints about some family feuds. This court observes that there is no particular or specific complaint raised against any of the judicial officers at Ukwala Law Courts.

2. However, as the criminal justice system is a chain that begins elsewhere and ends at the courts, and as the trial court itself is not comfortable handling the case where the accused is unwilling to submit to the jurisdiction of the court because of the issues that he allegedly has with the Police and ODPP at Ukwala, I direct that Ukwala PMCr Case No. E067/2022 be and hereby transferred to Siaya Law Courts for hearing and final determination.

3. I so order.

4. This file is hereby closed.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE