[2024] KEHC 14028 (KLR)
The court found that since both the applicant and the respondents are based in Nairobi, and their addresses for service are in Nairobi, there was no justifiable reason for the application to be filed in the Kisumu High Court. The court declined to admit the application at Kisumu and directed that the matter be...
Source-derived case information.
- Citation
- [2024] KEHC 14028 (KLR)
- Parties
- Applicant: Christine Ouko Angado; Respondent: Inspector General, National Police Service; Respondent: Directorate of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E225 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Admission and Transfer
- Outcome
- Application not admitted at Kisumu; matter transferred to Nairobi Milimani High Court Criminal Division; file closed.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Court, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christine Ouko Angado
Applicant
Inspector General, National Police Service
Respondent
Directorate of Criminal Investigations
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Admission and Transfer
Legal Issues
- 1 Whether the Kisumu High Court has jurisdiction to hear the application given all parties are based in Nairobi.
- 2 Whether the matter should be transferred to the Nairobi Milimani High Court Criminal Division.
Ratio Decidendi
The court found that since both the applicant and the respondents are based in Nairobi, and their addresses for service are in Nairobi, there was no justifiable reason for the application to be filed in the Kisumu High Court. The court declined to admit the application at Kisumu and directed that the matter be transferred to the Nairobi Milimani High Court Criminal Division for further consideration. The decision was based on the principle of territorial jurisdiction and the efficient administration of justice, ensuring that matters are heard in the appropriate forum.
Court Disposition
Application not admitted at Kisumu; matter transferred to Nairobi Milimani High Court Criminal Division; file closed.
Orders
- The application is not admitted at Kisumu High Court.
- The matter is transferred to Nairobi Milimani High Court Criminal Division for further directions.
Full Case Text
Judgment text and source record
24 paragraphs
Angado v Inspector General, National Police Service & another (Miscellaneous Criminal Application E225 of 2024) [2024] KEHC 14028 (KLR) (11 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14028 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E225 of 2024
RE Aburili, J
November 11, 2024
Between
Christine Ouko Angado
Applicant
and
Inspector General, National Police Service
1st Respondent
Directorate of Criminal Investigations
2nd Respondent
Ruling
1. The application dated 8th November 2024 is not certified urgent.
2. The Applicant is resident of Nairobi from her supporting affidavit. Her advocate too is domiciled in Nairobi.
3. All the Respondents’ addresses of service are equally given as Nairobi. There is no justifiable reason for the filing of this matter in Kisumu High Court.
4. I decline to admit the application to Kisumu High Court and direct the applicant to appear before a Judge at Milimani Criminal Division for consideration of her application.
5. Consequently, this matter is transferred to Nairobi Milimani High Court Criminal Division for further directions.
6. These directions be typed and uploaded to the CTS and the Applicant be notified forthwith.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 11THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE