Case Metadata |
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| Case Number: | Criminal Miscellaneous Application 200 of 2012 |
|---|---|
| Parties: | REPUBLIC V JACOB NGANDA KALUNDA |
| Date Delivered: | 18 Dec 2012 |
| Case Class: | Criminal |
| Court: | High Court at Machakos |
| Case Action: | |
| Judge(s): | George Dulu |
| Citation: | REPUBLIC V JACOB NGANDA KALUNDA[2012]eKLR |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
High Court at Machakos
Criminal Miscellaneous Application 200 of 2012
REPUBLIC ………………………..….…………………………..………………….… APPLICANT
JACOB NGANDA KALUNDA ………………………………………………….......RESPONDENT
Court: I have considered the comments and recommendations of the trial court. The fact that a court has convicted somebody does not mean that it is disqualified from hearing another case involving the same person.
A mere allegation of bias by an accused person is also not sufficient reason for a trial court to disqualify itself. Otherwise, litigants will do forum shopping, and also create situations to impede the smooth administration of justice. The reasons for the alleged bias have to be given by the one who is complaining for the court to consider. If the court refuses to disqualify itself, the complainant has the option of referring the matter to the higher court.
In the present case, I do not see any good or sustainable grounds for the allegation of bias. The disqualification by the magistrate is not justified.
I set aside the orders of the trial court disqualifying itself. The case will proceed to trial before the same magistrate, according to the law.
George Dulu
George Dulu
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