[2022] KEHC 14871 (KLR)
The court determined that since both the alleged offence and the accused originate from the jurisdiction of Madiany Law Courts, it is proper and just to transfer the proceedings from Bondo PM Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the appropriate...
Source-derived case information.
- Citation
- [2022] KEHC 14871 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Omondi Bwaya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 154 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted; case transferred to Madiany Law Courts.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Proceedings, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Omondi Bwaya
Defendant
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the criminal case should be transferred from Bondo PM Court 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, it is proper and just to transfer the proceedings from Bondo PM Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the appropriate forum as required by law, and facilitates the administration of justice in accordance with jurisdictional rules.
Court Disposition
Application for transfer of proceedings granted; case transferred to Madiany Law Courts.
Orders
- Bondo PM Cr E545/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and copies of this ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Bwaya (Miscellaneous Criminal Application 154 of 2022) [2022] KEHC 14871 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14871 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 154 of 2022
RE Aburili, J
November 2, 2022
Between
Republic
Applicant
and
Francis Omondi Bwaya
Accused
Ruling
1. This file originates from Bondo PM Cr E545/2022 which was availed to this court for directions.
2. As the alleged offence and the accused originate from the jurisdiction of Madiany Law Courts, I hereby transfer Bondo PM Cr E545/2022 to Madiany Law Courts for hearing and final determination.
3. The original Bondo file plus copies of this Ruling and order shall be transmitted to Madiany Law Courts.
4. Copies of the order and Ruling to be supplied to Bondo Law Courts to inform the accused to attend court on 8/11/2022 as earlier scheduled.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE