Boniface Munyoki Kimanzi Antony Kilonzi Ngati Joseph Kimwele Nguu John Mutemi Nzomo v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Criminal Revision 206 of 2006 BONIFACE MUNYOKI KIMANZI ANTONY KILONZI NGATI JOSEPH KIMWELE NGUU JOHN MUTEMI NZOMO …………………….. APPLICANTS VERSUS REPUBLIC…………………...………………..RESPONDENT RULING I have carefully considered the allegations made by the applicant in Mwingi SRMC Cr. Case No. 1344 of 2004. These allegations are the grounds upon which the applicant seeks a transfer of the case in which three witnesses have already testified. While this court does not believe the allegations, they are of a serious nature and may dent the applicant as the accused and the trial magistrate. On that ground alone and not because this court believes the applicant, and for the sake of giving a chance for the principle of “justice should be seen to be done”, this court will very reluctantly, transfer the case to another court of competent jurisdiction. Order: 1. Mwingi SRMC Cr. Case No. 1344 of 2004 is hereby transferred to Machakos Chief Magistrate’s Court for hearing and final determination. 2. Mention of case before Machakos Chief Magistrate for relevant directions on 26/10/06. 3. Copy of this ruling to be served upon the trial magistrate at Mwingi. D.A. ONYANCHA JUDGE 19/10/06