[2025] KEHC 6484 (KLR)

[2025] KEHC 6484 (KLR)

The High Court determined that the Maseno Law Courts did not have the proper geographical jurisdiction to hear the matter. In the interest of justice and in accordance with the Criminal Procedure Code, the court exercised its discretion to transfer the case to Kombewa Law Courts, which has the appropriate...

Source-derived case information.

Citation
[2025] KEHC 6484 (KLR)
Parties
Applicant: Republic; Respondent: Bonventure Ndombi Andanje
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
19 May 2025
Case Number
Miscellaneous Criminal Application E022 of 2025
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer granted; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
Judges
A Mabeya
Legal Topics
Jurisdiction of Magistrate Courts, Transfer of Criminal Cases
Source Language
english
Criminal Law Jurisdiction of Magistrate Courts Transfer of Criminal Cases

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Bonventure Ndombi Andanje

Respondent

Procedural Posture

Miscellaneous Criminal 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 case should be transferred to Kombewa Law Courts.

Ratio Decidendi

The High Court determined that the Maseno Law Courts did not have the proper geographical jurisdiction to hear the matter. In the interest of justice and in accordance with the Criminal Procedure Code, the court exercised its discretion to transfer the case to Kombewa Law Courts, which has the appropriate jurisdiction. The transfer ensures that the proceedings are conducted in the correct forum, upholding the principles of fair trial and proper administration of justice.

Court Disposition

Application for transfer granted; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.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 27/5/2025 before Head of Station, Kombewa Law Court for further directions.