Simon Wanjala Wanyonyi v Republic [2017] KEHC 4120 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

MISC. CRIMINAL  APPLICATION NO. 10 OF 2017

SIMON WANJALA WANYONYI  …............APPLICANT

VERSUS

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

R U L I N G

1. By his motion dated 17th October 2016 the applicant prays that file No. 100 of 2015 be transferred from court No. 2 in the lower court to any other court.  His argument basically is that he wants the same transferred as he was unable to prosecute the same due to the death of his grandfather and sister respectively.

2. The state has opposed the same arguing that it had no basis at all but simply delaying the finalisation of the same.

3.  I have perused the  proceedings in file No. 100 of 2015 and the same has substantially proceeded.  I do not find any basis why the applicant wants the file to be transferred to another court.  He has not raised any issues concerning the court or the prosecution on how the matter is being conducted.

4. I agree with the learned state counsel that the same is simply a delaying  tactic.  The application is dismissed. Let the trial court proceed expeditiously noting that the delay caused by this application has been  inordinate.

Delivered this  27th day of July, 2017.

_________________

H.K. CHEMITEI

JUDGE

In the presence of;

Kakoi for the respondent present

Applicant – present

Kirong/Silvia – Court Assistants

_________________

H.K. CHEMITEI

JUDGE

27/7/2017