[2023] KEHC 3180 (KLR)

[2023] KEHC 3180 (KLR)

Once a judge is transferred from a court station, he or she ceases to be seized of matters domiciled at that station. Applications for review of judgments or orders made at the previous station must be heard by the successor judge at that station, not by the transferred judge at the new station. The law,...

Source-derived case information.

Citation
[2023] KEHC 3180 (KLR)
Parties
Appellant: Nicodemus Owotsi Njuka; Respondent: Lawrence Mwirigi Gituma
Court
High Court
Court Station
High Court at Vihiga
Jurisdiction
Kenya
Judgment Date
18 April 2023
Case Number
Civil Appeal 24 of 2021
Procedural Posture
Civil Appeal / Ruling on Application for Review of Judgment After Transfer of Judge
Outcome
Application not considered; file to be returned to the High Court at Vihiga for hearing by the successor judge.
Judges
WM Musyoka
Legal Topics
Review of Judgment, Judicial Transfer, Jurisdiction of Successor Judge
Source Language
english
Civil Procedure Review of Judgment Judicial Transfer Jurisdiction of Successor Judge

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Nicodemus Owotsi Njuka

Appellant

Lawrence Mwirigi Gituma

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Review of Judgment After Transfer of Judge

Legal Issues

  1. 1 Whether a judge who has been transferred from a court station retains jurisdiction to hear and determine an application for review of a judgment or order made at the previous station.
  2. 2 Whether the application for review should be heard by the successor judge at the station where the judgment or order was made.

Ratio Decidendi

Once a judge is transferred from a court station, he or she ceases to be seized of matters domiciled at that station. Applications for review of judgments or orders made at the previous station must be heard by the successor judge at that station, not by the transferred judge at the new station. The law, specifically section 80 of the Civil Procedure Act and Order 45 rule 2(2) of the Civil Procedure Rules, provides that review applications are to be determined by the court (meaning the station) that made the order or decree, and if the original judge is no longer attached to that court, any other judge at that station may hear the application. The practice of forwarding files to follow a...

Court Disposition

Application not considered; file to be returned to the High Court at Vihiga for hearing by the successor judge.

Orders

  • The file is to be returned to the High Court of Kenya at Vihiga for hearing and determination of the application for review by the judge currently attached to that station.
  • If the successor judge at Vihiga disagrees, the file may be forwarded to the Chief Justice or Principal Judge of the High Court for allocation.