[2010] KEHC 1022 (KLR)
The High Court at Embu determined that it lacked jurisdiction to hear an application seeking to terminate proceedings before the Chief Magistrate in Nairobi. The proper forum for such an application is the High Court in Nairobi, which has supervisory jurisdiction over the Nairobi Chief Magistrate's Court....
Source-derived case information.
- Citation
- [2010] KEHC 1022 (KLR)
- Parties
- Applicant: Lugard Mogusu Obondi; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 7 of 2008
- Procedural Posture
- Judicial Review Miscellaneous Application / Transfer of Proceedings
- Outcome
- matter transferred to the High Court at Nairobi for hearing and disposal
- Judges
- J Karanja
- Legal Topics
- Judicial Review, Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lugard Mogusu Obondi
Applicant
Attorney General
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Embu has jurisdiction to hear an application seeking to terminate proceedings before the Chief Magistrate in Nairobi.
- 2 Whether the matter should be transferred to the appropriate court with jurisdiction.
Ratio Decidendi
The High Court at Embu determined that it lacked jurisdiction to hear an application seeking to terminate proceedings before the Chief Magistrate in Nairobi. The proper forum for such an application is the High Court in Nairobi, which has supervisory jurisdiction over the Nairobi Chief Magistrate's Court. Consequently, the matter was transferred to the Constitutional & Judicial Review Division of the High Court at Nairobi for hearing and disposal.
Court Disposition
matter transferred to the High Court at Nairobi for hearing and disposal
Orders
- The matter is transferred to the Constitutional & Judicial Review Division of the High Court at Nairobi for hearing and disposal.
- Deputy Registrar to send the file to Nairobi.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT OF KENYA
AT EMBU
JUDICIAL REVIEW MISC. APPLICATION NO. 7 OF 2008
LUGARD MOGUSU OBONDI…………………………….APPLICANT
VERSUS
ATTORNEY GENERAL..…………………………..……RESPONDENT
25/10/2010
Coram
W. Karanja J
Njue, CC
Mr. Momanyi present for applicant
N/A by state counsel
W. KARANJA
JUDGE
Mr. Momanyi
We spoke with the state counsel. We ask that the matter be put off.
W. KARANJA
JUDGE
Court
The Application in question seeks to have proceedings before the Chief Magistrate in Nairobi terminated.
-The same should have been filed in the court that has jurisdiction over that magistrate’s court and that is before the High Court in Nairobi.
-Accordingly I transfer this matter to the Constitutional & Judicial Review Division of the High Court at Nairobi for hearing and disposal.
Deputy Registrar to send the file to Nairobi. Matter be mentioned in Nairobi on 8/12 2010 for directions and fixing of a hearing date.
W. KARANJA
JUDGE
25/10/2010