Republic v Jermain Jhon Grant & 2 others [2016] KEHC 8203 (KLR)

REPUBLIC OF KENYA

IN THE HIGH OF KENYA AT MOMBASA

MISC CRIMINAL APPLICATION NO.111 OF 2016

REPUBLIC......................................................................APPLICANT

VERSUS

JERMAIN JHON GRANT & 2 OTHERS...............RESPONDENTS

DIRECTIONS

This matter, being Chief Magistrate’s Criminal case No 3914 of 2011, Republic Versus Jermain  Jhon Grant and 2 others, was referred to this court by Hon. D. N. Ogoti on 26. 10. 206 for directions that an order be made to either;

(a) to have the matter sent to Hon. Gandani’s court in Nairobi for hearing and determination, or

(b) in the alternative, the Chief Registrar of the Judiciary be directed to facilitate Hon Gandani to travel from Nairobi to Mombasa to hear and finalise the said matter.

I have perused the record in the said file and find that the reasons for Hon. D. N. Ogoti’s request are as follows:

(a) that  the matter is a part heard case before Hon. J. Gandani, Senior Principal Magistrate who was transferred from Mombasa Law courts to  Milimani law courts in Nairobi;

(b) that  the prosecution closed their case on 22. 1.2016 and the matter is pending  submissions by the parties;

(c) that the matter has come up for  hearing about eight (8) times but it has not been able to proceed because the trial magistrate has not been facilitated to travel to Mombasa to hear  and finalise the same.

In consideration of the request by Hon D. N. Ogoto, I wish to invoke the provisions of section 8 (1) (d) and (e) of the Criminal Procedure Code, which provides that;

(a)  “whenever it is made to appear to the high court,

(b) that an order  under this section will find the general convenience of the parties or witnesses; or

(c) That such an order is expedient for the ends of justice or is required by any provisions of the code.

For  purposes of convenience to the parties , consistency in the  process and expediency for the ends of justice, I direct that  Hon J. Gandani, Senior Principal Magistrate, Milimani law courts be and is hereby recalled to Mombasa Law court to hear and finalize Mombasa Chief Magistrate’s Criminal case No 3914 of 2011, Republic versus Jermain Jhon Grant and 2 others.

The Chief Registrar of the Judiciary through the Chief Magistrate, Mombasa law courts   to facilitate Hon J. Gandani’s travel and subsistence from Nairobi to Mombasa and subsistence for the period of hearing and finalizing the said case.

Directions signed and dated this 28th day of October 2016.

D. O. CHEPKWONY

JUDGE