Tirus Karanja Njenga v Republic

same; The incident in the three (3) cases happened at the same place and that the only differences were the dates of commission of the offences; 4. He further submitted that the separation of the cases will occasion prejudice, unnecessary duplication of proceedings and increased costs; The Applicant also stood to suffer substantial injustice including inconsistent verdicts and unnecessary repetition of evidence. The essence of consolidation was for efficiency, fair and impartial delivery of justice as it would fast track the cases. 5. The application for consolidation of the three (3) criminal cases was not opposed by the Respondent. Issues For Determination 6. After having heard the oral submissions of Learned Counsel for the Applicant and the State this Court has framed only one issue for determination which is whether the application for consolidation of the KIAMBU MCCR E1073, E1074 and E1077 of 2025 has merit, Analysis 7. The applicable law is found at Section 135 (1) of the Criminal Procedure Code (Cap 75) Laws of Kenya and it reads as follows: “ (1) Any offences, whether felonies or misdemeanors, may be charged together in the same charge or information, if the offences charged are founded on the same facts, or form or are part of a series of offences of the same or a similar character.” 8. Under the said provision. consolidation may be ordered where the offences charged are similar or related or are of the same character or arose out of the same act or related or connected acts, transactions, series of events or acts or transactions constituting parts of a common scheme or plan, or where much of the evidence to be produced is the same and will be a reproduction of the same in each trial. 9. In essence, consolidation is permitted if the cases are founded on similar facts or form part of a series of offences, where the offences are of same character and have similar witnesses and to facilitate the efficient and expeditious disposal of disputes and to provide a framework for a fair and impartial dispensation of justice to the parties. The rider is provided that the joint trial will not prejudice the rights of the accused. 10. Having considered the offences and the particulars of two of the cases that is KIAMBU MCCR E1073 of 2025 and MCCR E1074 of 2025 this Court has noted that in both cases the Applicant was charged with the same offence of Obtaining by False Pretense, the Complainant Veronicah Wangechi Chege is the same, the offence is stated to have been committed within the same premises and the witnesses are said to be the same. As for Kiambu MCCR E1077 of 2025 the complainant is different namely Bilha Mugure Nganga, the dates when the offence was committed is different from the other two (2) cases and lastly the witnesses are also different. The only common thread in all three cases are the premises within which the offences were committed. 11. None of the Counsels have alluded to the likelihood of prejudice to be suffered by the Applicant and the Complainant, therefore there being no evidence of prejudice that may be occasioned to any of the parties this Court is finds that this is a suitable case for it to exercise its discretion and to allow for the consolidation of the two (2) aforementioned cases that will expedite the hearings thereof. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18664/eng@2025-12-05 2

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Findings and Determinations 12. For the aforegoing reasons, this Court makes the following findings and determinations; i. The application is found to be partially with merit and it is hereby partially allowed. ii. The order of the Senior Principal Magistrates Court dated 20th June, 2025 granting separation of the trials be and is hereby set aside. iii. The Kiambu MCCR No E1073 OF 2025 Republic V Tirus Karanja Njenga be and is hereby consolidated with Kiambu MCCR NO.E1074 OF 2025 Republic V Tirus Karanja Njenga The accused shall take fresh plea and fresh information be prepared by the ODPP. iv. Mention before the Chief Magistrates Court for re-allocation. v. The consolidation of Kiambu MCCR NO.E1077 OF 2025 with the aforementioned cases is hereby disallowed. The file to be remitted back to the SPMs Court for hearing and determination Orders Accordingly. SIGNED DATED AND DELIVERED VIA TEAMS AT KIAMBUTHIS 5TH DAY OF DECEMBER, 2025. A.MSHILA JUDGE In the presence of: Sanja – Court Assistant Munene – for the Applicant Imran – for the Respondent Applicant – Absent – out on bond https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18664/eng@2025-12-05 3

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