[2022] KEHC 12121 (KLR)
Although the High Court at Nairobi has unlimited jurisdiction, the cause of action arose within the jurisdiction of the High Court at Bungoma. There is a real risk of conflicting orders if the matter is heard in Nairobi while related proceedings are ongoing in Bungoma or Kakamega. To avoid such conflicts and in the...
Source-derived case information.
- Citation
- [2022] KEHC 12121 (KLR)
- Parties
- Applicant: Didmus Wekesa Barasa; Respondent: Inspector General of Police; Respondent: Director of Criminal Investigations; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E222 of 2022
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Transfer of Proceedings
- Outcome
- Application allowed; matter transferred to Bungoma High Court.
- Judges
- DO Ogembo
- Legal Topics
- Jurisdiction of High Court, Transfer of Proceedings, Conflicting Orders, Inherent Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Didmus Wekesa Barasa
Applicant
Inspector General of Police
Respondent
Director of Criminal Investigations
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Nairobi should hear the matter or transfer it to the High Court at Bungoma.
- 2 Whether there is a risk of conflicting orders if the matter proceeds in multiple courts.
Ratio Decidendi
Although the High Court at Nairobi has unlimited jurisdiction, the cause of action arose within the jurisdiction of the High Court at Bungoma. There is a real risk of conflicting orders if the matter is heard in Nairobi while related proceedings are ongoing in Bungoma or Kakamega. To avoid such conflicts and in the interest of proper administration of justice, the court invoked its inherent powers to transfer the matter to the High Court at Bungoma, which is the appropriate forum for hearing and determination.
Court Disposition
Application allowed; matter transferred to Bungoma High Court.
Orders
- The case is transferred for hearing and determination at Bungoma High Court.
- Matter fixed for mention before the presiding/vacation Judge, Bungoma High Court on 23.8.2022 at 2:30pm.
Full Case Text
Judgment text and source record
23 paragraphs
Barasa v Inspector General of Police & 2 others (Criminal Miscellaneous Application E222 of 2022) [2022] KEHC 12121 (KLR) (Crim) (22 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12121 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Miscellaneous Application E222 of 2022
DO Ogembo, J
August 22, 2022
Between
Didmus Wekesa Barasa
Applicant
and
Inspector General of Police
1st Respondent
Director of Criminal Investigations
2nd Respondent
Director of Public Prosecutions
3rd Respondent
Ruling
1. I have considered the submissions of the parties herein. From the pleadings, it is clear that the cause of action herein arose within the jurisdiction of the High Court of Kenya, Bungoma. Parties are not agreed on the nature of applications pending before the chief magistrate’s court, Bungoma, or any applications pending or orders issued by the High Courts in Bungoma or Kakamega. In the circumstances, there is real danger of this court and the other courts issuing conflicting orders in this matter.
2. Granted, this court has unlimited jurisdiction. The circumstances herein, however, would in my considered opinion, demand that this matter be heard at the High Court in Bungoma, under whose administrative jurisdiction this cause of action arose.
3. In the circumstances, I hereby invoke the inherent power of this court, and order that this case be transferred for hearing and determination at Bungoma High Court. It is so ordered.
D. O. OGEMBOJUDGE22. 8.2022Dr. Khaminwa:May we get a date before High Court, Bungoma tomorrow at 2:30pm.Muteti:That is okay.Court:Matter fixed for mention before the presiding/vacation – Judge, Bungoma High Court on 23. 8.2022 at 2:30pm.Mention 23. 8.2022 at 2:30pm (Bungoma).D. O. OGEMBOJUDGE22. 8.2022