Pius Munyoki Ngunda Cyrus Muatha Kanyalu v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Criminal Revision 208 of 2006 PIUS MUNYOKI NGUNDA CYRUS MUATHA KANYALU …………………. APPLICANTS VERSUS REPUBLIC ……………………......…………… RESPONDENT RULING I have perused the file of Kitui Principal Magistrate’s Court Traffic Case No. 707 of 2003. I am satisfied that the consolidation done to join the above case by a Police Constable on 8/1/04 nullified the proceedings that followed as it tainted the same. For said reason, the proceedings in relation to both cases as consolidated should stand nullified. Order: 1. Proceedings in Kitui Magistrate’s Court Traffic Case No. 707 of 2003 as consolidated is hereby declared nullified. 2. A retrial of both cases is hereby ordered before the same court but before a magistrate with competent jurisdiction. D.A. ONYANCHA JUDGE 19/10/06