[2025] KEHC 9286 (KLR)

[2025] KEHC 9286 (KLR)

The High Court, upon reconsideration of the record, determined that it does not have jurisdiction to hear the matter, as jurisdiction properly lies with the Maseno Law Courts. Consequently, the previous ruling was recalled and reviewed, and the matter was ordered to be retransferred to the Maseno Law Courts for hearing and determination. The court emphasized the necessity of matters being heard by the court with proper jurisdiction.

Citation
[2025] KEHC 9286 (KLR)
Parties
Applicant: Emily Akoth Omanje; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
30 June 2025
Case Number
Criminal Miscellaneous Application 84 of 2025
Procedural Posture
Criminal Miscellaneous Application / Ruling on Jurisdiction and Transfer
Outcome
Matter retransferred to Maseno Law Courts for hearing and determination.
Judges
A Mabeya
Legal Topics
Jurisdiction, Transfer of Proceedings
Source Language
English
Criminal Law Jurisdiction Transfer of Proceedings

Case Brief

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Parties

Emily Akoth Omanje

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Jurisdiction and Transfer

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter.
  2. 2 Whether the matter should be transferred to the Maseno Law Courts.

Ratio Decidendi

The High Court, upon reconsideration of the record, determined that it does not have jurisdiction to hear the matter, as jurisdiction properly lies with the Maseno Law Courts. Consequently, the previous ruling was recalled and reviewed, and the matter was ordered to be retransferred to the Maseno Law Courts for hearing and determination. The court emphasized the necessity of matters being heard by the court with proper jurisdiction.

Court Disposition

Matter retransferred to Maseno Law Courts for hearing and determination.

Orders

  • The ruling of 20/5/2025 is recalled and reviewed.
  • The matter is retransferred to the Maseno Law Courts for hearing and determination.