[2007] KEHC 2556 (KLR)
The court, upon perusal of the order made by the Chief Magistrate, Naivasha, and in exercise of its powers under Section 364 of the Criminal Procedure Code, determined that it was appropriate to transfer Naivasha Chief Magistrate Criminal Case No.113 of 2007 to Nakuru Chief Magistrate’s Court for hearing and...
Source-derived case information.
- Citation
- [2007] KEHC 2556 (KLR)
- Parties
- Respondent: Republic; Appellant: Daniel Kibathi Gikonyo
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 48 of 2007
- Procedural Posture
- Criminal Appeal / Revision
- Outcome
- case transferred to Nakuru Chief Magistrate’s Court for hearing and determination
- Legal Topics
- Case Transfer, Criminal Procedure, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Daniel Kibathi Gikonyo
Appellant
Procedural Posture
Criminal Appeal / Revision
Legal Issues
- 1 Whether the court should exercise its revisionary powers to transfer the criminal case from Naivasha to Nakuru Chief Magistrate's Court.
Ratio Decidendi
The court, upon perusal of the order made by the Chief Magistrate, Naivasha, and in exercise of its powers under Section 364 of the Criminal Procedure Code, determined that it was appropriate to transfer Naivasha Chief Magistrate Criminal Case No.113 of 2007 to Nakuru Chief Magistrate’s Court for hearing and determination. The transfer was ordered to ensure proper administration of justice and regularity of proceedings, as permitted by the High Court's revisionary jurisdiction.
Court Disposition
case transferred to Nakuru Chief Magistrate’s Court for hearing and determination
Orders
- Naivasha Chief Magistrate Criminal Case No.113 of 2007 is transferred to Nakuru Chief Magistrate’s Court for hearing and determination.
- Matter to be mentioned on 23/5/2007.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAKURU
Criminal Appeal 48 of 2007
REPUBLIC………….…..………………….…….……..PROSECUTOR
VERSUS
DANIEL KIBATHI GIKONYO ……………....…........………ACCUSED
JUDGMENT ON REVISION
This matter coming up for mention and upon perusal of the Order by Chief Magistrate, Naivasha made on 7/3/2007 and in exercise of the court’s powers under Section 364 of the CPC, I hereby direct that Naivasha Chief Magistrate Criminal Case No.113 of 2007 be transferred to Nakuru Chief Magistrate’s Court for hearing and determination. Matter be mentioned on 23/5/2007.
M. KOOME
JUDGE
10/5/2007