JORAM MWENDA GUANTAI V. THE CHIEF MAGISTRATE, NAIROBI

JUDGMENT OF THE COURT

This is an appeal against the decision of the High Court of Kenya at Nairobi (Ransley J) given on 25^th July, 2003 by which the learned Judge refused to grant the appellant a Judicial Review application for an Order of Prohibition directed to the Chief Magistrate, Nairobi, prohibiting him and any other magistrate from hearing or further proceeding with the trial of the appellant on charges brought against him in the Chief Magistrate’s Court Criminal Case Number ACC 9 of 2003 between the Republic and the appellant.

1. Background:

The appellant, JORAM MWENDA GUANTAI, is an Advocate of the High Court of Kenya and at the time material to these proceedings he was employed by Kenyatta National Hospital as its Chief Legal Officer. We shall hereinafter refer to Kenyatta National Hospital as “the Hospital”. The Hospital is established for the purposes specified under regulation 5 of the Kenyatta National Board Order 1987 – Legal Notice No. 109. These are:-

(a) to receive patie…