[2021] KEHC 9044 (KLR)

[2021] KEHC 9044 (KLR)

The court found that, although the alleged offences were committed in Migori County, the prosecution established that part of the criminal conduct and proceeds occurred in Nairobi, including the movement of funds and acquisition of property. The applicant appeared before the Nairobi court in compliance with lawful...

Source-derived case information.

Citation
[2021] KEHC 9044 (KLR)
Parties
Applicant: Joram Opala Otieno; Respondent: The Director of Public Prosecutions
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Anti-Corruption and Economic Crimes Case E029 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application to Strike Out or Transfer Criminal Case for Want of Jurisdiction
Outcome
application dismissed
Judges
J Wakiaga
Legal Topics
Territorial Jurisdiction, Transfer of Criminal Cases, Fair Trial Rights, Anti Corruption Prosecution, Venue of Trial, Supervisory Jurisdiction
Source Language
en
Criminal Law Civil Procedure Administrative Law Territorial Jurisdiction Transfer of Criminal Cases Fair Trial Rights Anti Corruption Prosecution Venue of Trial +1 more

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Parties

Joram Opala Otieno

Applicant

The Director of Public Prosecutions

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Strike Out or Transfer Criminal Case for Want of Jurisdiction

  1. 1 Whether the Milimani Chief Magistrate Anti-Corruption Court has territorial jurisdiction to try offences allegedly committed in Migori County.
  2. 2 Whether the applicant has established sufficient grounds for transfer of the criminal case to Migori or a proximate court.
  3. 3 What statutory and constitutional provisions govern the venue and transfer of criminal trials in anti-corruption matters.

Ratio Decidendi

The court found that, although the alleged offences were committed in Migori County, the prosecution established that part of the criminal conduct and proceeds occurred in Nairobi, including the movement of funds and acquisition of property. The applicant appeared before the Nairobi court in compliance with lawful summons, and the Anti-Corruption Court at Nairobi lawfully assumed jurisdiction. The applicant failed to demonstrate any real hardship, threat to a fair trial, or bias that would justify transfer under Section 81 of the Criminal Procedure Code. The court emphasized that transfer of venue is not to be granted lightly and requires strong, reasonable grounds. Since the co-accused...

Court Disposition

application dismissed

Orders

  • The application to strike out or transfer Milimani Chief Magistrate Anti-Corruption Case No. 18 of 2020 is dismissed.
  • The case shall proceed before the Anti-Corruption Court at Nairobi.