[2010] KEHC 1457 (KLR)
The court held that, pursuant to Gazette Notice No. 1756 of 27th February 2009 issued by the Chief Justice, the High Court at Nairobi exercises supervisory jurisdiction over Kibira Magistrate Court in Nairobi. Therefore, the High Court at Meru lacks jurisdiction to entertain the application for transfer of the...
Source-derived case information.
- Citation
- [2010] KEHC 1457 (KLR)
- Parties
- Applicant: Kibaara Njeru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 33 of 2010
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Jurisdiction and Transfer
- Outcome
- Application transferred to the High Court at Nairobi for determination.
- Legal Topics
- Jurisdiction of High Court, Transfer of Criminal Cases, Supervisory Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kibaara Njeru
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court at Meru has jurisdiction to entertain an application to transfer a criminal case pending before Kibira Magistrate Court in Nairobi.
- 2 Whether the application should have been filed before the High Court at Nairobi, which has supervisory power over Kibira Magistrate Court.
Ratio Decidendi
The court held that, pursuant to Gazette Notice No. 1756 of 27th February 2009 issued by the Chief Justice, the High Court at Nairobi exercises supervisory jurisdiction over Kibira Magistrate Court in Nairobi. Therefore, the High Court at Meru lacks jurisdiction to entertain the application for transfer of the criminal case pending before Kibira Magistrate Court. The proper forum for such an application is the High Court at Nairobi. Consequently, the court ordered the transfer of the file to the Criminal Division of the High Court at Nairobi for disposal.
Court Disposition
Application transferred to the High Court at Nairobi for determination.
Orders
- This file be transferred to the Criminal Division in High Court of Nairobi for disposal.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Miscellaneous Criminal Case 33 of 2010
KIBAARA NJERU ..................................... APPLICANT
VERSUS
REPUBLIC ............................................... RESPONDENT
RULING
The applicant Kibaara Njeru has filed before this court a Notice of Motion dated 27th September 2010. That application is brought under sections 78, 79, 80 and 81 of the Criminal Procedure Code.By that application, the applicant seeks to have Criminal Case No. 858 of 2010 pending before Kibira Magistrate CourtinNairobi.When the matter came up before me on 4th October 2010, I requested counsels to address me on whether the application can be entertained by this court.Mr. Muriuki, the learned counsel for the applicant argued that the High Court at Meru had jurisdiction to order the transfer of the criminal court pending beforeKibira Court.The learned state counsel Mr. Kimathi was of a contrary view and argued that the application should be heard inNairobi.The Hon. The Chief Justice by gazette Notice number 1756 of 27th February 2009 gazetted the practice directions relating to the filing of suits, applications and references in the appropriate courts.The Hon. The Chief Justice by that gazette notice indicated the supervisory rule of the High Courts to the various magistrates’ court.Looking at that gazette notice,NairobiProvincehas the supervisory power overKibira Magistrate CourtinNairobi.It therefore follows that the applicant should have filed his application before High Court Nairobi which court has the supervisory power overKibira Magistrate Court.For that reason, I order that this file be transferred to the Criminal Division in High court ofNairobifor disposal.
Dated and delivered at Meru this 8th day of October 2010.
MARY KASANGO
JUDGE