[2022] KEHC 15204 (KLR)

[2022] KEHC 15204 (KLR)

The court determined that since both the accused and the place of the alleged offence fall within the jurisdiction of Madiany Law Courts, and since that court is gazetted and operational, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for...

Source-derived case information.

Citation
[2022] KEHC 15204 (KLR)
Parties
Applicant: Republic; Defendant: James Odero Nyada
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 188 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Outcome
Case transferred to Madiany Law Courts; file closed at Siaya High Court.
Judges
RE Aburili
Legal Topics
Transfer of Criminal Proceedings, Jurisdiction of Courts
Source Language
en
Criminal Law Transfer of Criminal Proceedings Jurisdiction of Courts

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Parties

Republic

Applicant

James Odero Nyada

Defendant

Procedural Posture

Miscellaneous Criminal Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 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 accused and the place of the alleged offence fall within the jurisdiction of Madiany Law Courts, and since that court is gazetted and operational, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the proper forum, upholding the principles of jurisdiction and efficient administration of justice.

Court Disposition

Case transferred to Madiany Law Courts; file closed at Siaya High Court.

Orders

  • Bondo PM Cr. E625/2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original Bondo Court file with copies of this Ruling and order to be transmitted to Madiany Law Courts.