[2023] KEHC 22533 (KLR)
The court found that the applicant's appeal to the Court of Appeal had been dismissed on February 5, 2016, and thus there was no pending appeal. The original purpose for transferring the file to the High Court at Nakuru had been served, as all relevant files had been traced and consolidated. Given that the Chief...
Source-derived case information.
- Citation
- [2023] KEHC 22533 (KLR)
- Parties
- Applicant: James Mwaura Njogu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 63 of 2020
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on File Transfer and Jurisdiction
- Outcome
- Application allowed to the extent of transfer of files; matter to be handled by High Court at Narok.
- Judges
- HM Nyaga
- Legal Topics
- Appeal Dismissal, Jurisdiction Transfer, Case File Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwaura Njogu
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on File Transfer and Jurisdiction
Legal Issues
- 1 Whether the applicant's appeal in the Court of Appeal was still pending or had been dismissed.
- 2 Whether the High Court at Nakuru has jurisdiction to continue handling the application or if it should be transferred to the High Court at Narok.
Ratio Decidendi
The court found that the applicant's appeal to the Court of Appeal had been dismissed on February 5, 2016, and thus there was no pending appeal. The original purpose for transferring the file to the High Court at Nakuru had been served, as all relevant files had been traced and consolidated. Given that the Chief Magistrate’s Court at Narok is now supervised by the High Court at Narok, jurisdiction properly lies with the High Court at Narok. Therefore, the entire file, including all related appeals and records, should be transferred back to the High Court at Narok for further handling. The Deputy Registrar at Nakuru High Court is directed to ensure timely transfer of all files.
Court Disposition
Application allowed to the extent of transfer of files; matter to be handled by High Court at Narok.
Orders
- The entire file, including Narok Chief Magistrate’s Court Criminal Case No 615 of 2004, High Court Criminal Appeals Numbers 65, 66, and 67 of 2007, and extract of the result on Court of Appeal Criminal Appeal No 214 of 2009, is to be transferred back to Narok High Court on October 2, 2022.
- The Deputy Registrar Nakuru High Court is to ensure all files in this application are transferred to Narok High Court on time.
Full Case Text
Judgment text and source record
22 paragraphs
Njogu v Republic (Criminal Miscellaneous Application 63 of 2020) [2023] KEHC 22533 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22533 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Miscellaneous Application 63 of 2020
HM Nyaga, J
September 21, 2023
Between
James Mwaura Njogu
Applicant
and
Republic
Respondent
Ruling
1. In my Ruling delivered on 18th Mary 2023, I had sought to find out if the applicant’s Appeal in the Court of Appeal had been dismissed, it was still pending.
2. According to the Officer in Charge Criminal Registry, efforts to trace the decision of the Court of Appeal bore no fruits. However, the officer has now been able to locate the register and it shows that the Appeal to the Court of Appeal was dismissed on February 5, 2016. It is thus clear that there is no existing Appeal in the said court.
3. Further, it is noted that the decision to dismiss the Appeal was made prior to the decisions in Francis Muruatetu and Another vs Republic [2017] eKLR (Muruatetu 1) and Francis Muruatetu and Another vs Republic [2021] eKLR (Muruatetu 2).
4. In the process of looking at the Court of Appeal records new information has emerged. The applicant had initially filed High Court Miscellaneous Application No 143 of 2018 at Nakuru High Court. The Application was then transferred to the High Court at Narok and it became Miscellaneous Application No. 101 of 2018. High Court at Narok transferred the file back to Nakuru. The file was then registered at Miscellaneous Application No 63 of 2020.
5. The reason why the file was transferred to this court was to enable the applicant “follow up on his file”. It is not clear which file he was referring to, but it is likely to have been the High Court Criminal Appeal No 65 of 2007. The same had been consolidated for hearing with High Court Criminal Appeals No 66 of 2007 and High Court Criminal Appeal No 67 of 2007.
6. At the moment, all the 3 appeal files have been traced. The original court record from the Chief Magistrate’s Court, Narok is also available. The purpose of which this file was transferred to this court has been served. Currently there is a High Court at Narok, which supervises the Chief Magistrate’s Court at Narok. For purposes of jurisdiction, the High Court at Narok ought to handle the Application.
7. I therefore direct that the entire file which consists of;a.Court file in Narok Chief Magistrate’s Court Criminal Case No 615 of 2004. b.High Court Criminal Appeals Number 65, 66 and 67 of 2007. c.Extract of the result on the Court of Appeal Criminal Appeal No 214 of 2009 be transferred back to Narok High Court on October 2, 2022. d.The Deputy Registrar Nakuru High Court to ensure that all the files in this application are transferred there on time.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 21ST OF SEPTEMBER, 2023. H. M. NYAGAJUDGEIn the presence of;Ms Murunga for stateApplicant present