[2022] KEHC 15230 (KLR)

[2022] KEHC 15230 (KLR)

The court determined that since the accused and the place of the alleged offence fall within the jurisdiction of Madiany Law Courts, and that court is gazetted and operational, it is proper and just to transfer the case from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The transfer...

Source-derived case information.

Citation
[2022] KEHC 15230 (KLR)
Parties
Applicant: Republic; Respondent: Kennedy Omondi Awiti
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 175 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
Outcome
case transferred to Madiany Law Courts; file closed at Siaya High Court
Judges
RE Aburili
Legal Topics
Transfer of Criminal Cases, Jurisdiction, Court Administration
Source Language
en
Criminal Law Transfer of Criminal Cases Jurisdiction Court Administration

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Kennedy Omondi Awiti

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case

Legal Issues

  1. 1 Whether the criminal case should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination.
  2. 2 Whether Madiany Law Courts has jurisdiction over the accused and the alleged offence.

Ratio Decidendi

The court determined that since the accused and the place of the alleged offence fall within the jurisdiction of Madiany Law Courts, and that court is gazetted and operational, it is proper and just to transfer the case from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the correct forum, in accordance with statutory provisions governing jurisdiction and transfer of criminal cases. The court further directed the transmission of the original file and relevant orders to Madiany Law Courts and instructed Bondo Law Courts to notify the accused to attend the new court for mention as previously scheduled.

Court Disposition

case transferred to Madiany Law Courts; file closed at Siaya High Court

Orders

  • Bondo PM Cr. E678/2022 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.