[2025] KEHC 378 (KLR)

[2025] KEHC 378 (KLR)

The court determined that since the matter originated from the JKIA Chief Magistrates’ Court, it falls under the territorial jurisdiction of the Makadara High Court. Therefore, the High Court at Kibera lacks jurisdiction to entertain the application, and the matter must be transferred to the appropriate court for...

Source-derived case information.

Citation
[2025] KEHC 378 (KLR)
Parties
Applicant: Kheri Kassim Mohamed; Applicant: Saad Salum Mnyuss; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Revision E072 of 2024
Procedural Posture
Criminal Revision / Ruling on Territorial Jurisdiction and Transfer
Outcome
Matter transferred for want of territorial jurisdiction.
Judges
DR Kavedza
Legal Topics
Territorial Jurisdiction, Transfer of Proceedings
Source Language
en
Criminal Law Territorial Jurisdiction Transfer of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kheri Kassim Mohamed

Applicant

Saad Salum Mnyuss

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Territorial Jurisdiction and Transfer

Legal Issues

  1. 1 Whether the High Court at Kibera has territorial jurisdiction over a matter originating from JKIA Chief Magistrates’ Court.
  2. 2 Whether the matter should be transferred to the appropriate High Court.

Ratio Decidendi

The court determined that since the matter originated from the JKIA Chief Magistrates’ Court, it falls under the territorial jurisdiction of the Makadara High Court. Therefore, the High Court at Kibera lacks jurisdiction to entertain the application, and the matter must be transferred to the appropriate court for further proceedings.

Court Disposition

Matter transferred for want of territorial jurisdiction.

Orders

  • The matter is transferred to Makadara High Court.
  • The matter shall be mentioned before the Deputy Registrar, Makadara High Court, on 25th February 2025.