[2022] KEHC 15180 (KLR)
The court determined that since both the accused and the location of the alleged offence fall within the jurisdiction of the Madiany Law Courts, and given that the Madiany Law Courts are gazetted and operational, it is proper and in the interest of justice to transfer the proceedings from Bondo Principal...
Source-derived case information.
- Citation
- [2022] KEHC 15180 (KLR)
- Parties
- Applicant: Republic; Defendant: Pamela Akinyi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 176 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- case transferred to Madiany Law Courts; file closed at Siaya High Court
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Proceedings, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Pamela Akinyi
Defendant
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Bondo PM Cr. E636/2022 case should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since both the accused and the location of the alleged offence fall within the jurisdiction of the Madiany Law Courts, and given that the Madiany Law Courts are gazetted and operational, it is proper and in the interest of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts. The court exercised its discretion to order the transfer to ensure the matter is heard in the correct forum, thereby upholding the principles of territorial jurisdiction and efficient administration of justice.
Court Disposition
case transferred to Madiany Law Courts; file closed at Siaya High Court
Orders
- Bondo PM Cr. E636/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo Court file with copies of this Ruling and order to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Akinyi (Miscellaneous Criminal Application 176 of 2022) [2022] KEHC 15180 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15180 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 176 of 2022
RE Aburili, J
November 11, 2022
Between
Republic
Applicant
and
Pamela Akinyi
Accused
(From original Bondo PM CR Case No E636 of 2022)
Ruling
1. Bondo PM Cr. E636/2022 was availed to this court for directions. As the accused and place of alleged offence is within the jurisdiction of Madiany Law Courts, which is gazetted and operationalized, I hereby transfer Bondo PM Cr. E636/2022 to Madiany Law Courts for hearing and final determination.
2. The original Bondo Court file with copies of this Ruling and order to be transmitted to Madiany Law Courts.
3. Bondo Law Courts to get copies thereof and notify the accused to attend Madiany Law Courts for mention on 18/11/2022 as earlier scheduled.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF NOVEMBER, 2022. R.E. ABURILIJUDGE