[2025] KEHC 481 (KLR)
The High Court at Kibera lacks territorial jurisdiction to hear appeals originating from JKIA Chief Magistrates’ Court due to the establishment of Makadara High Court, which now has jurisdiction over such matters. Consequently, the appeal must be transferred to the Makadara High Court for hearing and determination.
Source-derived case information.
- Citation
- [2025] KEHC 481 (KLR)
- Parties
- Appellant: Ojuku Agwu alias Pastor Israel Alvaradoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E206 of 2024
- Procedural Posture
- Criminal Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Appeal transferred to Makadara High Court for want of jurisdiction.
- Judges
- DR Kavedza
- Legal Topics
- Territorial Jurisdiction, Appeal Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ojuku Agwu alias Pastor Israel Alvaradoo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction to hear an appeal originating from JKIA Chief Magistrates’ Court.
- 2 Whether the appeal should be transferred to the appropriate High Court.
Ratio Decidendi
The High Court at Kibera lacks territorial jurisdiction to hear appeals originating from JKIA Chief Magistrates’ Court due to the establishment of Makadara High Court, which now has jurisdiction over such matters. Consequently, the appeal must be transferred to the Makadara High Court for hearing and determination.
Court Disposition
Appeal transferred to Makadara High Court for want of jurisdiction.
Orders
- The appeal is transferred to Makadara High Court.
- The matter shall be mentioned on 26th February 2025 before the Deputy Registrar, Makadara High Court.
Full Case Text
Judgment text and source record
18 paragraphs
Agwu alias Pastor Israel Alvaradoo v Republic (Criminal Appeal E206 of 2024) [2025] KEHC 481 (KLR) (27 January 2025) (Ruling)
Neutral citation: [2025] KEHC 481 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal E206 of 2024
DR Kavedza, J
January 27, 2025
Between
Ojuku Agwu alias Pastor Israel Alvaradoo
Appellant
and
Republic
Respondent
Ruling
1. The applicant filed the present appeal Kibera High Court. Directions were issued with the matter was set for mention on 27th January 2025
2. On 27th January 2025, having gone through the appeal, the court noted that the matter originated from JKIA Chief Magistrates’ Court. This court therefore lacks the territorial jurisdiction to entertain the appeal since the establishment of Makadara High Court.
3. The appeal is consequently transferred to Makadara High Court. The matter shall be mentioned on 26th February 2025 before the Deputy Registrar Makadara High Court.
RULING DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF JANUARY 2025D. KAVEDZAJUDGE