Case Metadata |
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| Case Number: | Criminal Revision 632 of 2012 |
|---|---|
| Parties: | CHARLES NDUVA MUVAKA V REPUBLIC |
| Date Delivered: | 18 Dec 2012 |
| Case Class: | Criminal |
| Court: | High Court at Machakos |
| Case Action: | |
| Judge(s): | George Dulu |
| Citation: | CHARLES NDUVA MUVAKA V REPUBLIC[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 Revision 632 of 2012
CHARLES NDUVA MUVAKA ……….……….......…… ACCUSED/APPLICANT
REPUBLIC ……………………………………… PROSECUTOR/RESPONDENT
Court: I do not see any justifiable reason to conclude that there is bias on the part of the trial court. In my view, bias has to be demonstrated in the conduct in court and reasons given. The fact that a witness is a government officer, and that the magistrate ends up I the same social place with the witness after work, per se, does not demonstrate bias unless there is other information such as where there is evidence they are discussing the case.
I find no justifiable reason for the disqualification of the trial court. I set aside the order of the trial magistrate disqualifying himself. I order that the case do proceed before the same trial magistrate according to law.
Dated and delivered at Machakos this 18th day of December 2012.
In presence of:
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