[2022] KEHC 14816 (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 the case from Bondo Law Courts to Madiany Law Courts for hearing and...
Source-derived case information.
- Citation
- [2022] KEHC 14816 (KLR)
- Parties
- Applicant: Republic; Respondent: Samuel Odhiambo Kinya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 161 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
- Outcome
- Case transferred to Madiany Law Courts; original file and ruling to be transmitted; file at High Court closed.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Cases, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Odhiambo Kinya
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 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 the case from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the proper forum, in accordance with statutory and policy requirements regarding jurisdiction.
Court Disposition
Case transferred to Madiany Law Courts; original file and ruling to be transmitted; file at High Court closed.
Orders
- Bondo PM Cr. Case No. E535/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file from Bondo together with a copy of this Ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Kinya (Miscellaneous Criminal Application 161 of 2022) [2022] KEHC 14816 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14816 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 161 of 2022
RE Aburili, J
November 2, 2022
Between
Republic
Applicant
and
Samuel Odhiambo Kinya
Accused
Ruling
1. Bondo PM Cr. E535 / 2022 was forwarded to this court for directions. As the offence allegedly committed and the accused originate from the jurisdiction of Madiany Law Courts which is gazetted and is fully operationalized, I hereby transfer Bondo PM Cr. Case No. E535/2022 to Madiany Law Courts for hearing and final determination.
2. The original file from Bondo together with a copy of this Ruling and order shall be transmitted to Madiany Law Courts.
3. Copies of the Ruling and order shall be supplied to Bondo Law Courts for records and notification of the accused persons.
4. The matter shall be mentioned before Madiany Law Courts on 9/11/2022 for further directions
5. This file is now closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2NDDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE