[2022] KEHC 16825 (KLR)
The court determined that since the alleged offence in Bondo PM Cr. Case No. E591/2022 took place in Rarieda Sub County, which is within the jurisdiction of Madiany Law Courts, it is proper and just to transfer the case to that court for hearing and determination. This ensures that the trial is conducted in the...
Source-derived case information.
- Citation
- [2022] KEHC 16825 (KLR)
- Parties
- Applicant: Republic; Respondent: Patrick Omondi Haya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E153 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
- Outcome
- case transferred to Madiany Law Courts; file closed
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Cases, Jurisdiction, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Patrick Omondi Haya
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
Legal Issues
- 1 Whether the criminal case should be transferred from Bondo Law Courts to Madiany Law Courts due to jurisdictional considerations.
Ratio Decidendi
The court determined that since the alleged offence in Bondo PM Cr. Case No. E591/2022 took place in Rarieda Sub County, which is within the jurisdiction of Madiany Law Courts, it is proper and just to transfer the case to that court for hearing and determination. This ensures that the trial is conducted in the appropriate venue as required by law, thereby upholding the principles of jurisdiction and fair trial.
Court Disposition
case transferred to Madiany Law Courts; file closed
Orders
- Bondo PM Cr. E591/2022 is transferred to Madiany Law Courts for hearing and determination.
- The original Bondo file and this ruling shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Haya (Miscellaneous Criminal Application E153 of 2022) [2022] KEHC 16825 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16825 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E153 of 2022
RE Aburili, J
December 20, 2022
Between
Republic
Applicant
and
Patrick Omondi Haya
Respondent
(From Original Bondo PM Cr. Case No. E591 of 2022)
Ruling
1. As the offence in original Bondo PM Cr. Case No. E591/2022 allegedly took place in Rarieda Sub County within Madiany Law Court’s jurisdiction, I hereby transfer Bondo PM Cr. E591/2022 to Madiany Law Courts for hearing and determination.
2. The original Bondo file and this Ruling shall be transmitted to Madiany Law Courts. A copy shall be submitted to Bondo Law Courts for records and notification of the accused persons and the Prosecution.
3. File closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE