[2020] KEHC 7156 (KLR)
The court found that since the offence of manslaughter allegedly took place at Ndigwa sub-location, Rarieda Sub County, which falls within the jurisdiction of the newly launched but not yet operationalized Rarieda court, it was appropriate to transfer the case to a court with competent jurisdiction. Invoking Section...
Source-derived case information.
- Citation
- [2020] KEHC 7156 (KLR)
- Parties
- Applicant: Fredrick Ochieng alias Owila Omunji and 7 others; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 18 ‘A’ of 2020
- Procedural Posture
- Criminal Revision / Ruling on Jurisdiction and Transfer of Case
- Outcome
- Case transferred to Bondo Principal Magistrate’s Court for hearing and determination.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Magistrates Courts, Transfer of Criminal Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ochieng alias Owila Omunji and 7 others
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Jurisdiction and Transfer of Case
Legal Issues
- 1 Whether the Siaya Principal Magistrate's Court has jurisdiction to hear Criminal Case No. 143 of 2020 given the offence location.
- 2 Whether the case should be transferred to another court with competent jurisdiction.
Ratio Decidendi
The court found that since the offence of manslaughter allegedly took place at Ndigwa sub-location, Rarieda Sub County, which falls within the jurisdiction of the newly launched but not yet operationalized Rarieda court, it was appropriate to transfer the case to a court with competent jurisdiction. Invoking Section 81(2) of the Criminal Procedure Code, the judge ordered the transfer of Siaya Principal Magistrate’s Court Criminal Case No. 143 of 2020 to Bondo Principal Magistrate’s Court for hearing and determination by a competent magistrate.
Court Disposition
Case transferred to Bondo Principal Magistrate’s Court for hearing and determination.
Orders
- Siaya Principal Magistrate’s Court Criminal Case No. 143 of 2020 is transferred to Bondo Principal Magistrate’s Court for hearing and determination by a magistrate exercising competent jurisdiction.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 18 ‘A’ OF 2020
(CORAM: R. E. ABURILI - J.)
FREDRICK OCHIENG ALIAS OWILA OMUNGI
AND 7 OTHERS……………..…......…………….……..……..…APPLICANT
VERSUS
REPUBLIC……………………….…………….……………….. RESPONDENT
(Being a request dated 4. 3.2020 by the trial court for directions on jurisdiction of the trial court in Siaya Principal Magistrate’s Court, Criminal Case No. 143 of 2020 before Hon. Lester Simiyu, Principal Magistrate)
RULING
1. I have perused the trial court record and the order by Hon Lester Simiyu (Principal Magistrate) made on 4/3/2020. The offence of manslaughter allegedly took place at Ndigwa sub-location, Rarieda Sub County which is within the jurisdiction of the newly launched Rarieda court which has nonetheless not been operationalized.
2. That being the case, I invoke the Provisions of Section 81 (2) of the Criminal Procedure Code Cap 75 Laws of Kenya and order for transfer of Siaya Principal Magistrate’s Court Criminal Case No. 143 of 2020 to Bondo Principal Magistrate’s Court for hearing and determination by a Magistrate exercising competent jurisdiction.
3. Orders accordingly
Dated, signed and delivered at Siaya, this 20th Day of March 2020.
R.E. ABURILI
JUDGE