REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE NO. 35 OF 2016 REPUBLIC………………………………………….…………………….....PROSECUTOR VERSUS GILBERT MAINA & 2 OTHERS……………………………………………….ACCUSEDS RULING OF THE COURT This matter was coming up for plea when the defence raised a Preliminary Objection stating that the plea be deferred and that the file be transferred to High Court in Kitui because that is where the alleged offence took place. The defence team led by Messers Cliff Ombeta, Mushoki and Mbugua submitted that it is a matter of law that plea has to be taken in the High Court with jurisdiction, and that is the Kitui High Court. They Cited Section 78(1) of Criminal Procedure Code which states that the trial would be conducted where the cause of action arose. M/S Rono and Mr. Machogu for the State objected to that Preliminary Objection. The state team submitted that the accused person is a police officer in Kitui and that the matter is being investigated by police officers both in Machakos and in Nairobi and that there is a strong likelihood that if the trial is conducted in Kitui the accused will interfere with the police investigations. I have carefully considered the Preliminary Objection raised by the defence team. I agree with the defence team that under the law the trial should indeed take place in Kitui High Court. However, due to objection by the state which also appears on the face of the record to make sense, I order and direct that the defence files a formal application objecting to plea in Machakos. This will give the state an opportunity to clearly respond and state why they think the plea should be taken, and trial conducted, in Machakos and not Kitui High Court. Orders accordingly. DATED, SIGNED AND DELIVERED THIS 4TH DAY OF OCTOBER, 2016 E.K.O. OGOLA JUDGE In the presence of; Mr. Machogu for State Mr. Mbugua and Kengata for accused Court Assistant – Mr. Munyao
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.