[2025] KEHC 6527 (KLR)
The court found that, upon consideration of the geographical jurisdiction of the Magistrate Courts of Maseno and Kombewa, the Maseno Law Courts did not have the proper jurisdiction to hear the matter. Consequently, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts to ensure the case...
Source-derived case information.
- Citation
- [2025] KEHC 6527 (KLR)
- Parties
- Applicant: Apollo Otieno Abura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Judgment Date
- 20 May 2025
- Case Number
- Miscellaneous Criminal Application E159 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Jurisdiction of Magistrate Courts, Transfer of Criminal Cases
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Apollo Otieno Abura
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have geographical jurisdiction over the matter.
- 2 Whether the file should be transferred to Kombewa Law Courts.
Ratio Decidendi
The court found that, upon consideration of the geographical jurisdiction of the Magistrate Courts of Maseno and Kombewa, the Maseno Law Courts did not have the proper jurisdiction to hear the matter. Consequently, the file was withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts to ensure the case is heard in the appropriate forum as required by law.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
- Mention on 29/5/2025 before Head of Station, Kombewa Law Court for further directions.
Full Case Text
Judgment text and source record
19 paragraphs
Abura v Republic (Miscellaneous Criminal Application E159 of 2025) [2025] KEHC 6527 (KLR) (20 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6527 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E159 of 2025
A Mabeya, J
May 20, 2025
Between
Apollo Otieno Abura
Accused
and
Republic
Prosecutor
(From Original Maseno Senior Principal Magistrate Sexual Offences Case No. E016 of 2022)
Ruling
1. Having considered the geographical jurisdiction of the Magistrate Courts of Maseno and Kombewa, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
2. Mention on 29/5/2025 before Head of Station, Kombewa Law Court for further directions.
3. This file is closed.It is so ordered.
DATEDAND DELIVEREDAT KISUMU THIS 20THDAY OF MAY, 2025A. MABEYA, FCI, ARBJUDGE