[2025] KEHC 9718 (KLR)

[2025] KEHC 9718 (KLR)

The court found that the Maseno Law Courts did not have the appropriate geographical jurisdiction to hear the criminal case. In the interest of justice and to ensure the matter is heard by the proper forum, the High Court exercised its power under Section 81 of the Criminal Procedure Code to transfer the proceedings...

Source-derived case information.

Citation
[2025] KEHC 9718 (KLR)
Parties
Applicant: Nancy Chayuga Ondijo; Applicant: Samuel Ondijo Akatch; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Miscellaneous Application 182 of 2025
Procedural Posture
Criminal Miscellaneous Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
Judges
A Mabeya
Legal Topics
Transfer of Criminal Proceedings, Jurisdiction of Magistrate Courts
Source Language
en
Criminal Law Transfer of Criminal Proceedings Jurisdiction of Magistrate Courts

Source-derived case record

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Parties

Nancy Chayuga Ondijo

Applicant

Samuel Ondijo Akatch

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the matter.
  2. 2 Whether the file should be transferred to Kombewa Law Courts.

Ratio Decidendi

The court found that the Maseno Law Courts did not have the appropriate geographical jurisdiction to hear the criminal case. In the interest of justice and to ensure the matter is heard by the proper forum, the High Court exercised its power under Section 81 of the Criminal Procedure Code to transfer the proceedings to Kombewa Law Courts. The transfer was necessary to cure the jurisdictional defect and facilitate the fair administration of justice.

Court Disposition

Application for transfer allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
  • Mention on 24/7/2025 before Head of Station, Kombewa Law Court for further directions.