[2022] KEHC 15201 (KLR)
The court determined that since the accused and the place of the alleged offence are within the jurisdiction of Madiany Law Courts, and that court is gazetted and operational, it is proper and just to transfer the case from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The transfer...
Source-derived case information.
- Citation
- [2022] KEHC 15201 (KLR)
- Parties
- Applicant: Republic; Respondent: Kevin Adiyo Nyamango
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 179 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Case
- Outcome
- case transferred to Madiany Law Courts; file closed
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Cases, Jurisdiction, Court Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kevin Adiyo Nyamango
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Case
Legal Issues
- 1 Whether the criminal case should be transferred to Madiany Law Courts for hearing and determination.
- 2 Whether the accused should be notified to attend the new court for mention.
Ratio Decidendi
The court determined that since the accused and the place of the alleged offence are within the jurisdiction of Madiany Law Courts, and that court is gazetted and operational, it is proper and just 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 appropriate forum as required by law, and the accused is to be notified to attend the new court for mention on the scheduled date.
Court Disposition
case transferred to Madiany Law Courts; file closed
Orders
- Bondo PM CR E584/2022 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.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Nyamango (Miscellaneous Criminal Application 179 of 2022) [2022] KEHC 15201 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15201 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 179 of 2022
RE Aburili, J
November 11, 2022
Between
Republic
Applicant
and
Kevin Adiyo Nyamango
Accused
(From original Bondo PM CR Case No E584 of 2022)
Ruling
1. Bondo PM CR E584/2022 was availed to this court for directions. As the accused and place of alleged offence is within the jurisdiction of Madiany Law Courts, which is gazetted and operationalized, I hereby transfer Bondo PM CR E584/2022 to Madiany Law Courts for hearing and final determination.
2. The original Bondo Court file with copies of this ruling and order to be transmitted to Madiany Law Courts.
3. Bondo Law Courts to get copies thereof and notify the accused to attend Madiany Law Courts for mention on November 16, 2022 as earlier scheduled.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF NOVEMBER, 2022R E ABURILIJUDGE