[2016] KEHC 8311 (KLR)

[2016] KEHC 8311 (KLR)

The court found that since there is currently no gazetted Children Magistrate at Mavoko Law Courts, and the replacement magistrate has not been gazetted to handle children matters, it is necessary and proper to transfer the criminal case to the Children Court, Milimani, which has the requisite jurisdiction and a...

Source-derived case information.

Citation
[2016] KEHC 8311 (KLR)
Parties
Applicant: Dennis Nyabando Kaimosi; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 410 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Criminal Case
Outcome
application allowed
Legal Topics
Transfer of Proceedings, Children Court Jurisdiction
Source Language
en
Criminal Law Family and Children Transfer of Proceedings Children Court Jurisdiction

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Parties

Dennis Nyabando Kaimosi

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Transfer of Criminal Case

Legal Issues

  1. 1 Whether the criminal case against the applicant should be transferred to a competent Children Court due to lack of a gazetted Children Magistrate at Mavoko Law Courts.

Ratio Decidendi

The court found that since there is currently no gazetted Children Magistrate at Mavoko Law Courts, and the replacement magistrate has not been gazetted to handle children matters, it is necessary and proper to transfer the criminal case to the Children Court, Milimani, which has the requisite jurisdiction and a gazetted magistrate to hear and determine the matter. The application for transfer was therefore allowed to ensure compliance with statutory requirements regarding jurisdiction over children matters.

Court Disposition

application allowed

Orders

  • Criminal Case No. SO3 of 2016 Republic vs Dennis Nyabando Kaimosi is transferred to the Children Court, Milimani.
  • Mention on 28th November, 2016 before the Magistrate in charge of the Children Court, Milimani for allocation of the file and setting a hearing date.