[2022] KEHC 14738 (KLR)

[2022] KEHC 14738 (KLR)

The court determined that since Madiany Law Courts has been gazetted and is fully operational, and the primary files originate from its jurisdiction, it is proper and just for the consolidated criminal files to be transferred there for hearing and final determination. The transfer ensures that the cases are heard in...

Source-derived case information.

Citation
[2022] KEHC 14738 (KLR)
Parties
Applicant: Republic; Defendant: Alfred Anyango alias Osumba; Defendant: Julius Ombongo Achieng; Defendant: Joseph Nyawande Alias Josii; Defendant: Jacob Oketch Alias Ojwang
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 145 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Case Files
Outcome
Application for transfer of files granted; files transferred to Madiany Law Courts; file closed.
Judges
RE Aburili
Legal Topics
Transfer of Criminal Cases, Jurisdiction of Courts, Case Consolidation
Source Language
en
Criminal Law Transfer of Criminal Cases Jurisdiction of Courts Case Consolidation

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Parties

Republic

Applicant

Alfred Anyango alias Osumba

Defendant

Julius Ombongo Achieng

Defendant

Joseph Nyawande Alias Josii

Defendant

Jacob Oketch Alias Ojwang

Defendant

Procedural Posture

Miscellaneous Criminal Application / Ruling on Transfer of Case Files

Legal Issues

  1. 1 Whether the criminal files should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination.
  2. 2 Whether the consolidation of the cases affects the proper forum for trial.

Ratio Decidendi

The court determined that since Madiany Law Courts has been gazetted and is fully operational, and the primary files originate from its jurisdiction, it is proper and just for the consolidated criminal files to be transferred there for hearing and final determination. The transfer ensures that the cases are heard in the appropriate forum, in line with judicial policy and the interests of justice. The court thus ordered the transmission of the original files and a copy of the ruling to Madiany Law Courts, and directed the Bondo Law Courts to inform the accused persons to attend the new court on the scheduled mention date.

Court Disposition

Application for transfer of files granted; files transferred to Madiany Law Courts; file closed.

Orders

  • Bondo PM Cr. E251/2022 as consolidated with CR E436/2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original files and a copy of this ruling and order shall be transmitted to Madiany Law Courts.