[2022] KEHC 14737 (KLR)
The court found that since the offence allegedly committed and the accused originate from the jurisdiction of Madiany Law Courts, which is gazetted and fully operationalized, it is proper and in the interests of justice to transfer Bondo PM CR Case No E399/2022 to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 14737 (KLR)
- Parties
- Applicant: Republic; Defendant: Felix Odiwuor Obiero; Defendant: Priston Ojwang
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 167 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Case
- Outcome
- Case transferred to Madiany Law Courts; file closed at Siaya High Court.
- 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
Felix Odiwuor Obiero
Defendant
Priston Ojwang
Defendant
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Case
Legal Issues
- 1 Whether Bondo PM CR Case No E399/2022 should be transferred to Madiany Law Courts for hearing and determination.
- 2 Whether Madiany Law Courts has jurisdiction over the offence and accused persons.
Ratio Decidendi
The court found that since the offence allegedly committed and the accused originate from the jurisdiction of Madiany Law Courts, which is gazetted and fully operationalized, it is proper and in the interests of justice to transfer Bondo PM CR Case No E399/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the appropriate forum with territorial jurisdiction, in line with statutory and judicial policy requirements.
Court Disposition
Case transferred to Madiany Law Courts; file closed at Siaya High Court.
Orders
- Bondo PM CR Case No E399/2022 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
23 paragraphs
Republic v Obiero & another (Miscellaneous Criminal Application 167 of 2022) [2022] KEHC 14737 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14737 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 167 of 2022
RE Aburili, J
November 2, 2022
Between
Republic
Applicant
and
Felix Odiwuor Obiero
1st Accused
Priston Ojwang
2nd Accused
Ruling
1. Bondo PM CR E399/2022 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 E399/2022 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 November 15, 2022 for further directions
5. This file is now closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE