[2025] KEHC 7924 (KLR)

[2025] KEHC 7924 (KLR)

The court found that, upon considering the geographical jurisdiction of the Magistrate Courts of Maseno and Kombewa, the proper venue for the proceedings is the Kombewa Law Courts. The transfer is necessary to ensure that the matter is heard in the court with competent territorial jurisdiction, as required by law. The court therefore ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for further directions.

Citation
[2025] KEHC 7924 (KLR)
Parties
Applicant: Jared Onyango Juma alias Jagoro Goro; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Miscellaneous Criminal Application E162 of 2025
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
Judges
A Mabeya
Legal Topics
Jurisdiction of Magistrate Courts, Transfer of Criminal Cases
Source Language
English
Criminal Law Jurisdiction of Magistrate Courts Transfer of Criminal Cases

Case Brief

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Parties

Jared Onyango Juma alias Jagoro Goro

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the Maseno Law Courts have geographical jurisdiction over the matter.
  2. 2 Whether the file should be transferred to Kombewa Law Courts.

Ratio Decidendi

The court found that, upon considering the geographical jurisdiction of the Magistrate Courts of Maseno and Kombewa, the proper venue for the proceedings is the Kombewa Law Courts. The transfer is necessary to ensure that the matter is heard in the court with competent territorial jurisdiction, as required by law. The court therefore ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for further directions.

Court Disposition

Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
  • Mention on 12/6/2025 before Head of Station, Kombewa Law Court for further directions.