[2025] KEHC 6627 (KLR)

[2025] KEHC 6627 (KLR)

The High Court determined that the Maseno Law Courts lacked proper geographical jurisdiction over the criminal case in question. Upon review of the relevant jurisdictional boundaries and the location of the alleged offence, the court found that the Kombewa Law Courts were the appropriate forum to hear the matter. Exercising its powers under the Criminal Procedure Code, the court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for further proceedings. The decision was made to ensure that the case is heard by a court with competent territorial jurisdiction, thereby upholding the principles of fair trial and proper administration of justice.

Citation
[2025] KEHC 6627 (KLR)
Parties
Applicant: Republic; Respondent: Calvin Okeyo Jambo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
20 May 2025
Case Number
Miscellaneous Criminal Application E072 of 2025
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
Outcome
Application for transfer of criminal case allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
Judges
A Mabeya
Legal Topics
Jurisdiction of Magistrate Courts, Transfer of Criminal Cases
Source Language
English
Criminal Law Jurisdiction of Magistrate Courts Transfer of Criminal Cases

Case Brief

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Parties

Republic

Applicant

Calvin Okeyo Jambo

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case

Legal Issues

  1. 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the criminal case.
  2. 2 Whether the criminal case should be transferred to Kombewa Law Courts.

Ratio Decidendi

The High Court determined that the Maseno Law Courts lacked proper geographical jurisdiction over the criminal case in question. Upon review of the relevant jurisdictional boundaries and the location of the alleged offence, the court found that the Kombewa Law Courts were the appropriate forum to hear the matter. Exercising its powers under the Criminal Procedure Code, the court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for further proceedings. The decision was made to ensure that the case is heard by a court with competent territorial jurisdiction, thereby upholding the principles of fair trial and proper administration of justice.

Court Disposition

Application for transfer of criminal case allowed; file withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
  • Mention on 28/5/2025 before Head of Station, Kombewa Law Court for further directions.