IN THE HIGH COURT OF KENYA AT KISII CRIMINAL MISC. APPL. NO.61 OF 2004 (From original conviction and sentence of the Senior Resident Magistrate’s Court at Migori in Criminal Case No.311 of 2001 –S. O. ATONGA ESQ., S.R.M) SAMWEL OWINO NAYUKE ………………………………… APPLICANT VERSUS REPUBLIC ……………………………………………………. RESPONDENT RULING I have considered the application. I find it has no merit. Nowhere in the proceedings has the magistrate said he is proceeding with the case from where it had reached or that he was not going to comply with S.200 C.P.C. He has not taken any evidence. In fact as of 28/4/04 the case had not been fixed for hearing. The application is premature. It is dismissed. KABURU BAUNI JUDGE.
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