[2001] KEHC 225 (KLR)
The court determined that the application for the release of documents, which are held by police officers in Nyeri and relate to property within the jurisdiction of the High Court at Nyeri, should have been filed before the Resident Judge at Nyeri. The Mombasa High Court thus directs that the ruling be transmitted...
Source-derived case information.
- Citation
- [2001] KEHC 225 (KLR)
- Parties
- Applicant: Muthii Chomba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 373 of 2001
- Procedural Posture
- Criminal Appeal / Interlocutory Application; Ruling on Forum and Directions
- Outcome
- Application to be mentioned before the Resident Judge, Nyeri, for further directions; ruling to be transmitted accordingly.
- Legal Topics
- Jurisdiction of Court, Transfer of Proceedings, Release of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muthii Chomba
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Application; Ruling on Forum and Directions
Legal Issues
- 1 Whether the High Court at Mombasa is the proper forum to hear the application regarding the release of documents impounded by police in Nyeri.
- 2 Whether the application should have been filed before the Resident Judge at Nyeri.
Ratio Decidendi
The court determined that the application for the release of documents, which are held by police officers in Nyeri and relate to property within the jurisdiction of the High Court at Nyeri, should have been filed before the Resident Judge at Nyeri. The Mombasa High Court thus directs that the ruling be transmitted to the Resident Judge, Nyeri, for appropriate handling and further directions, as the proper forum for the application is Nyeri, not Mombasa.
Court Disposition
Application to be mentioned before the Resident Judge, Nyeri, for further directions; ruling to be transmitted accordingly.
Orders
- Ruling to be typed, certified, and sent to the Resident Judge, Nyeri, immediately.
- Application to be mentioned before the Resident Judge, Nyeri, on 7th June 2001 at 9:30 a.m. for further directions.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO.473 OF 1999
(From Original Conviction and Sentence in Criminal Case No.4075 of 1999 of the Chief Magistrate’s Court at Mombasa –L. Achode, Mrs. –S.R.M.)
MUTHII CHOMBA ……………………………………. APPLICANT
VERSUS
REPUBLIC …………………………………………..RESPONDENT
RULING
Plot No.135 Kerugoya Kutus Municipality is the suit Property and is situated within the immediate area falling within the High Court Nyeri. Indeed Mr. Kiama has informed me that this suit is fixed for hearing before the Resident Judge Nyeri on the 12th June 2001. The Police Officers who are alleged to have arrested the applicant and impounded his documents are based at the CID Offices in Nyeri. Documents sought to be released are said to be kept in these Offices at Nyeri. I agree with Mr Okello State Counsel that this application ought to have been filed and fixed for disposal before the Resident Judge, Nyeri.
I therefore direct that this be typed and certified and ruling be sent to the Resident Judge immediately so that the same be placed before me on the 7th June, 2001 at 9. 30 a.m. when this application will be mentioned for further directions. Mr Okello is also asked to get in touch with the Principal State Counsel Nyeri so that he can deal with this application appropriately when it is called out before the Judge on that 12. 6.2001. It is so ordered.
A.G.A. ETYANG’
JUDGE
4. 6.2001