[2022] KEHC 14869 (KLR)

[2022] KEHC 14869 (KLR)

The court found that since the alleged offence in Bondo PM Cr. E523/2022 was committed within the jurisdiction of Madiany Law Courts, and given that Madiany Law Courts are now gazetted and operational, it is proper and in accordance with the law to transfer the case to that court for hearing and final determination....

Source-derived case information.

Citation
[2022] KEHC 14869 (KLR)
Parties
Applicant: Republic; Defendant: Joshua Ochieng alias Onyango Chacha; Defendant: Julius Ooko alias Ford
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 147 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Criminal 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
Criminal Law Transfer of Criminal Cases Jurisdiction Court Administration

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Parties

Republic

Applicant

Joshua Ochieng alias Onyango Chacha

Defendant

Julius Ooko alias Ford

Defendant

Procedural Posture

Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case

Legal Issues

  1. 1 Whether Bondo PM Cr. E523/2022 should be transferred to Madiany Law Courts for hearing and determination.
  2. 2 Whether the offence was committed within the jurisdiction of Madiany Law Courts.

Ratio Decidendi

The court found that since the alleged offence in Bondo PM Cr. E523/2022 was committed within the jurisdiction of Madiany Law Courts, and given that Madiany Law Courts are now gazetted and operational, it is proper and in accordance with the law to transfer the case to that court for hearing and final determination. This ensures that the matter is heard by the court with the appropriate territorial jurisdiction, promoting proper administration of justice.

Court Disposition

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

Orders

  • Bondo PM Cr. E523/2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original court file for Bondo and copies of this ruling and order shall be transmitted to Madiany Law Courts, with copies sent to Bondo Law Courts for records.