[2022] KEHC 14743 (KLR)
The court determined that since both the alleged offence and the accused originate from the jurisdiction of Madiany Law Courts, and since that court is gazetted and fully operational, it is appropriate and in the interests of justice to transfer Bondo PM CR E520/2022 to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 14743 (KLR)
- Parties
- Applicant: Republic; Defendant: James Arika Ayugi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 158 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
James Arika Ayugi
Defendant
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the criminal case should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since both the alleged offence and the accused originate from the jurisdiction of Madiany Law Courts, and since that court is gazetted and fully operational, it is appropriate and in the interests of justice to transfer Bondo PM CR E520/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the proper forum, upholding the principles of jurisdiction and efficient administration of justice.
Court Disposition
case transferred to Madiany Law Courts; file closed at Siaya High Court
Orders
- Bondo PM CR E520/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file, ruling, and order to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Ayugi (Miscellaneous Criminal Application 158 of 2022) [2022] KEHC 14743 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14743 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 158 of 2022
RE Aburili, J
November 2, 2022
Between
Republic
Applicant
and
James Arika Ayugi
Accused
Ruling
1. Bondo PM CR E520/2022 was forwarded to this court for directions.
2. As the offence allegedly committed and the accused originate from the jurisdiction of Madiany Law Courts which is gazetted and fully operational, I hereby transfer Bondo PM CR E520/2022 to Madiany Law Courts for hearing and final determination.
3. The original Bondo file together with the ruling and order to be transmitted to Madiany Law Courts. Bondo Law Courts to be send a copy of order and ruling for records and for information to the accused.
4. The dates as earlier fixed remain November 8, 2022 before the new court which will give directions.
5. I so order.
6. File closed.
Dated, signed and delivered at Siaya this 2nd Day of November, 2022R E ABURILIJUDGE