[2025] KEHC 354 (KLR)
The High Court at Kibera lacks territorial jurisdiction to hear appeals originating from Kahawa Law Court. Jurisdiction is determined by the location of the subordinate court from which the appeal arises. Consequently, the appeal must be transferred to the High Court at Kiambu, which has the requisite territorial...
Source-derived case information.
- Citation
- [2025] KEHC 354 (KLR)
- Parties
- Appellant: Urbanus Kioko Peter; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 52 of 2024
- Procedural Posture
- Criminal Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Appeal transferred for want of jurisdiction.
- Judges
- DR Kavedza
- Legal Topics
- Territorial Jurisdiction, Appellate Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Urbanus Kioko Peter
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction to hear the appeal originating from Kahawa Law Court.
Ratio Decidendi
The High Court at Kibera lacks territorial jurisdiction to hear appeals originating from Kahawa Law Court. Jurisdiction is determined by the location of the subordinate court from which the appeal arises. Consequently, the appeal must be transferred to the High Court at Kiambu, which has the requisite territorial jurisdiction over matters from Kahawa Law Court.
Court Disposition
Appeal transferred for want of jurisdiction.
Orders
- The appeal is transferred to Kiambu High Court.
- The matter shall be mentioned on 25th February 2025 before the Deputy Registrar, Kiambu High Court, for directions.
Full Case Text
Judgment text and source record
18 paragraphs
Peter v Republic (Criminal Appeal 52 of 2024) [2025] KEHC 354 (KLR) (27 January 2025) (Ruling)
Neutral citation: [2025] KEHC 354 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 52 of 2024
DR Kavedza, J
January 27, 2025
Between
Urbanus Kioko Peter
Appellant
and
Republic
Respondent
Ruling
1. The applicant filed the present appeal dated 12th November 2024 at Milimani High Court. Directions were issued with the matter being transferred to this court and the matter was set for mention on 27th January 2025
2. On 27th January 2025, having gone through the appeal, the court noted that the matter originated from Kahawa Law Court. This court therefore lacks the territorial jurisdiction to entertain the appeal.
3. The appeal is consequently transferred to Kiambu High Court. The matter shall be mentioned on 25th February 2025 before the Deputy Registrar Kiambu High Court for directions.
RULING DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF JANUARY 2025. D. KAVEDZAJUDGE