[2021] KEHC 7863 (KLR)
The court determined that since the criminal proceedings in question are before the Kandara Principal Magistrate's Court, which falls under the supervisory jurisdiction of the Muranga High Court, the Nairobi High Court is not the appropriate forum to hear the application for judicial review. Accordingly, the court...
Source-derived case information.
- Citation
- [2021] KEHC 7863 (KLR)
- Parties
- Applicant: Alex Mwangi Wambui; Applicant: James Gatuku Miti; Respondent: The Principal Magistrate's Court at Kandara
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E008 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Application for Leave and Transfer of Suit
- Outcome
- Application transferred to Muranga High Court for further hearing and determination.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Prohibition Orders, Supervisory Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Mwangi Wambui
Applicant
James Gatuku Miti
Applicant
The Principal Magistrate's Court at Kandara
Respondent
Procedural Posture
Judicial Review Application / Ruling on Application for Leave and Transfer of Suit
Legal Issues
- 1 Whether the High Court at Nairobi has jurisdiction to entertain an application for judicial review orders relating to proceedings before the Kandara Principal Magistrate's Court.
- 2 Whether the application for leave to apply for an order of prohibition should be heard at Nairobi or transferred to the Muranga High Court.
Ratio Decidendi
The court determined that since the criminal proceedings in question are before the Kandara Principal Magistrate's Court, which falls under the supervisory jurisdiction of the Muranga High Court, the Nairobi High Court is not the appropriate forum to hear the application for judicial review. Accordingly, the court ordered the transfer of the suit to the Muranga High Court for further hearing and determination, and directed that the application be placed before the Duty Judge at Muranga for directions.
Court Disposition
Application transferred to Muranga High Court for further hearing and determination.
Orders
- This suit is transferred to the Muranga High Court for further hearing and determination.
- The Applicants’ Chamber Summons dated 25th January 2021 shall be placed before the Duty Judge at the Muranga High Court on 24th February 2021 for directions.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E008 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF PROHIBITION
BETWEEN
ALEX MWANGI WAMBUI...........................................................................1ST APPLICANT
JAMES GATUKU MITI................................................................................2ND APPLICANT
VERSUS
THE PRINCIPAL MAGISTRATE'S COURT AT KANDARA....................RESPONDENT
RULING
The Application
1. The Applicants herein have brought an application by a Chamber Summons dated 25h January 2021, in which they are seeking the following orders:
(a)That this Court be pleased to grant leave to the Applicants to apply for an order of prohibition directed to the Principal Magistrate’s Court at Kandara prohibiting that Court and/or any other Magistrate or Magistrate’s Court from hearing or further hearing and determining theKandara Principal Magistrate Criminal Case No. 1486 of 2018 Republic vs Alex Mwangi Wambui and James Gatuku Miti.
(b)That the leave so granted do operate as a stay of proceedings in theKandaraPrincipal Magistrate Criminal Case No. 1486 of 2018 Republic vs Alex Mwangi Wambui and James Gatuku Miti.
(c)That the costs of this application be providedfor.
2. The application is supported by a verifying affidavit sworn on 22nd January 2021 by the 1st Applicant.
3. I have perused the Applicants’ Chamber Summons application and supporting documents, and note that the Applicants are seeking leave to bring orders in relation to criminal proceedings in the Kandara Principal Magistrate’s Court, which is under the supervisory jurisdiction of the Muranga High Court.
4. In the premises I direct and orders that this suit be and is hereby transferred to the Muranga High Court for further hearing and determination. The Applicants’ Chamber Summons dated 25th January 2021 shall accordingly be placed before the Duty Judgeat theMuranga High Court on 24th February 2021, for directions.
5. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling and orders by electronic mail to the Applicants, and to the Deputy Registrar of the Muranga High Court, by close of business on 10th February 2021.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 1ST DAY OF FEBRUARY 2021
P. NYAMWEYA
JUDGE