[2023] KEHC 22820 (KLR)
The court found that the alleged offence of murder occurred in Kehancha, within the jurisdiction of Migori High Court. Both prosecution and defence did not object to the transfer. The court considered the inconvenience and hardship to the accused persons and witnesses who would have to travel long distances to...
Source-derived case information.
- Citation
- [2023] KEHC 22820 (KLR)
- Parties
- Applicant: Republic; Defendant: Rioba Mwita Ndera Alias Mwalimu; Defendant: Joseph Gati Bore Alias Serehe; Defendant: Hemedi Nyandoto Merama Alias Sokoro; Defendant: Robert Magabe Masiaga; Defendant: Tabitha Wankuru Boke; Defendant: Daniel Boke; Defendant: Josphat Marwa Masiku; Defendant: Julius Gati Mangora; Defendant: Susan Gati
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2019
- Procedural Posture
- Criminal Case / Ruling on Transfer of Venue
- Outcome
- Case transferred to Migori High Court for hearing and final determination.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Venue, Jurisdiction, Murder Trial, Court Convenience
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Rioba Mwita Ndera Alias Mwalimu
Defendant
Joseph Gati Bore Alias Serehe
Defendant
Hemedi Nyandoto Merama Alias Sokoro
Defendant
Robert Magabe Masiaga
Defendant
Tabitha Wankuru Boke
Defendant
Daniel Boke
Defendant
Josphat Marwa Masiku
Defendant
Julius Gati Mangora
Defendant
Susan Gati
Defendant
Procedural Posture
Criminal Case / Ruling on Transfer of Venue
Legal Issues
- 1 Whether the High Court at Kisumu is the proper venue for the trial of the accused persons for an alleged murder committed in Kehancha, Migori County.
- 2 Whether it is in the interest of justice to transfer the case to Migori High Court.
Ratio Decidendi
The court found that the alleged offence of murder occurred in Kehancha, within the jurisdiction of Migori High Court. Both prosecution and defence did not object to the transfer. The court considered the inconvenience and hardship to the accused persons and witnesses who would have to travel long distances to Kisumu for the trial. In the interest of justice and for the convenience of all parties, the court ordered the transfer of the case to Migori High Court for hearing and final determination. The court also made consequential orders regarding the appearance of the accused persons before the Migori High Court, the status of bonds, and the warrant of arrest for the 2nd accused who is at...
Court Disposition
Case transferred to Migori High Court for hearing and final determination.
Orders
- The case is transferred from Kisumu High Court to Migori High Court for hearing and final determination.
- All accused persons to appear before Migori High Court for mention before the Judge for directions on October 2, 2023.
Full Case Text
Judgment text and source record
37 paragraphs
Republic v Ndera alias Mwalimu & 8 others (Criminal Case 20 of 2019) [2023] KEHC 22820 (KLR) (25 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22820 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 20 of 2019
RE Aburili, J
September 25, 2023
Between
Republic
Prosecutor
and
Rioba Mwita Ndera Alias Mwalimu
1st Accused
Joseph Gati Bore Alias Serehe
2nd Accused
Hemedi Nyandoto Merama Alias Sokoro
3rd Accused
Robert Magabe Masiaga
4th Accused
Tabitha Wankuru Boke
5th Accused
Daniel Boke
6th Accused
Josphat Marwa Masiku
7th Accused
Julius Gati Mangora
8th Accused
Susan Gati
9th Accused
Ruling
1. Having heard PW 1 the Investigating Officer Corporal Fredrick Odemba on why this case was filed in Kisumu High Court and not Migori High Court where the offence of murder was allegedly committed, and having heard the defence counsel and prosecution counsel not objecting to the transfer of this case from Kisumu High Court to Migori High Court; and having considered the distance and inconvenience occasioned to the accused persons and most witnesses who must travel from Kehancha to Kisumu High Court, I find that it is in the interest of justice to transfer this case from this court to Migori High Court and I so transfer this case from Kisumu High Court to Migori High Court for hearing and final determination as the incident allegedly took place in Kehancha within the jurisdiction of Migori High Court.
2. All the accused persons to appear before Migori High Court for mention before the Judge for directions on October 2, 2023.
3. Warrant of arrest to remain in force against the 2nd accused person who is at large following his escape from lawful custody.
4. For the accused persons who are on bond, their bonds are hereby extended until October 2, 2023.
5. This file is now closed from this end.
6. Ruling to be typed forthwith.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE