[2004] KEHC 679 (KLR)
The court found that the offence was allegedly committed at Chelelek Village, Koibatek District, which falls under the jurisdiction of the Chief Magistrate’s Court, Eldoret, as per Gazette Notice No. 7931 of 8th October 2004. The court was satisfied, after perusing the file and the charge sheet, that the case ought...
Source-derived case information.
- Citation
- [2004] KEHC 679 (KLR)
- Parties
- Applicant: Michael Kipchirchir Cheboi; Applicant: Moses Kiptoo Cheboi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 138 of 2004
- Procedural Posture
- Criminal Application / Application for Transfer of Criminal Case
- Outcome
- Application allowed. Case ordered to be transferred to Eldoret.
- Legal Topics
- Jurisdiction of Criminal Courts, Transfer of Criminal Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kipchirchir Cheboi
Applicant
Moses Kiptoo Cheboi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Transfer of Criminal Case
Legal Issues
- 1 Whether the Chief Magistrate's Court at Nakuru has jurisdiction to hear the case where the alleged offence was committed in Koibatek District.
- 2 Whether the criminal case should be transferred to the Chief Magistrate's Court at Eldoret in accordance with the relevant Gazette Notice.
Ratio Decidendi
The court found that the offence was allegedly committed at Chelelek Village, Koibatek District, which falls under the jurisdiction of the Chief Magistrate’s Court, Eldoret, as per Gazette Notice No. 7931 of 8th October 2004. The court was satisfied, after perusing the file and the charge sheet, that the case ought to be heard and disposed of by the Chief Magistrate, Eldoret. The application for transfer was therefore merited and granted.
Court Disposition
Application allowed. Case ordered to be transferred to Eldoret.
Orders
- Nakuru CMCRC No. 2200 of 2004 involving the applicants is to be transferred to Eldoret for hearing and disposal by the Chief Magistrate, Eldoret.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPLICATION NO. 138 OF 2004
MICHAEL KIPCHIRCHIR CHEBOI
MOSES KIPTOO
CHEBOI…………………………………………….……..……………APPLICANTS
VERSUS
REPUBLIC………………………………………………..……..…….RESPONDENT
RULING
The Applicants, Michael Kipchirchir Cheboi and Moses Kiptoo Cheboi were charged before the Chief Magistrate’s Court Nakuru with the offence of robbery with violence contrary to Section 296(1) of the Penal Code in Nakuru CMC CRC No. 2200 of 2004 Republic –versus- Michael Kipchirchir Cheboi and Moses Kiptoo Cheboi. They have now made an application before this court seeking the orders of the Court that the Criminal Case facing them be heard and determined at Eldoret. They contend that the alleged offence was committed within the jurisdiction of the Chief Magistrate’s Court, Eldoret. I have perused the charge sheet. I have noted that the offence was allegedly committed at Chelelek Village, Koibatek District. According to Gazette Notice No. 7931 of the 8th of October 2004, Kenya Gazette which was issued by the Honourable Chief Justice, all offences committed within Koibatek District are to be heard by the Chief Magistrate’s Court Eldoret, under the supervision of the High Court sitting at Eldoret.
In the circumstances of this case I do find that the Applicant’s application has merit. Mr Koech, Learned State Counsel did not oppose the application provided that the Court confirmed that the alleged offence was committed within the jurisdiction of the Chief Magistrate’s Court sitting at Eldoret. I have perused the file and I am satisfied
that this case ought to be heard and disposed of by the Chief Magistrate, Eldoret. I therefore order Nakuru CMCRC No. 2200 of 2004involving the Applicants to be transferred to Eldoret for hearing and disposal by the Chief Magistrate, Eldoret. It is so ordered.
DATED at NAKURU this 3rd day of December, 2004.
L. KIMARU
AG. JUDGE