[2004] KEHC 225 (KLR)
The court found that requiring the accused and witnesses, all residents of Eldoret, to travel long distances to Naivasha for the hearing would be unduly expensive and could cause delays in the finalisation of the matter. Section 81(d) of the Criminal Procedure Code empowers the court to transfer a case if it serves...
Source-derived case information.
- Citation
- [2004] KEHC 225 (KLR)
- Parties
- Applicant: Hosea Kibiwott Bargoyet; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 121 of 2004
- Procedural Posture
- Criminal Application / Ruling on Application for Transfer of Criminal Case
- Outcome
- application allowed
- Legal Topics
- Transfer of Criminal Cases, Venue Convenience, False Pretences, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hosea Kibiwott Bargoyet
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Transfer of Criminal Case
Legal Issues
- 1 Whether the criminal case should be transferred from Naivasha Law Courts to Eldoret Chief Magistrate's Court for the convenience of parties and witnesses.
Ratio Decidendi
The court found that requiring the accused and witnesses, all residents of Eldoret, to travel long distances to Naivasha for the hearing would be unduly expensive and could cause delays in the finalisation of the matter. Section 81(d) of the Criminal Procedure Code empowers the court to transfer a case if it serves the general convenience of parties or witnesses. Since the prosecution did not oppose the application and the interests of justice would be better served by transferring the case, the court allowed the application and ordered the transfer of the criminal case to Eldoret Chief Magistrate’s Court for trial and disposal.
Court Disposition
application allowed
Orders
- Naivasha Criminal Case No. 3160 of 2003 is transferred to Eldoret Chief Magistrate’s Court for trial and disposal.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIM APPLICATION 121 OF 2004
(From original conviction and sentence in Criminal Case No. 3160 of 2003 of the Principal Magistrate’s Court at NAIVASHA)
HOSEA KIBIWOTT BARGOYET………....................................................…...……..APPLICANT
VERSUS
REPUBLIC…………………….................................................……………..……RESPONDENT
RULING
The applicant is the accused in Criminal Case No. 3160 of 2003 at Naivasha Law Courts where he is facing a charge of obtaining by false pretences contrary to Section 313 of the Penal Code.
The particulars of the charge are that on 8/12/2003 at Gilgil Town in Nakuru District of the Rift Valley Province, jointly with others not before court, with intent to defraud, obtained from Simon Kiprotich Kemboi the sum of Kshs.520,000/- by falsely pretending that they would sell a tractor registration number KAG 952C Mersey Ferguson to the said Simon Kiprotich Kemboi. The applicant has now filed an application by way of a Notice of Motion under Section 81(1) Rules (c), (d), (e) (ii) and (2) of the Criminal Procedure Code seeking a transfer of the said case from Naivasha Law Courts to Eldoret Chief Magistrate’s Court.
The grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing or mention.
The application was not opposed by the prosecution. Under section 81(d) of the Criminal Procedure Code the court can grant such a prayer as sought herein if the order will tend to the general convenience of the parties or witnesses. It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.
For these reasons, I allow the application and order that Naivasha Criminal Case No. 3160 of 2003 be transferred to Eldoret Chief Magistrate’s Court for trial and disposal.
DATED, SIGNED & DELIVERED at Nakuru this 26th day of November, 2004.
DANIEL MUSINGA
AG. JUDGE
26/11/2004