[2022] KEHC 14828 (KLR)
The court determined that since both the accused person and the alleged offence in Bondo PM Cr. E608/2022 originate from the jurisdiction of Madiany Law Courts, it is appropriate and just to transfer the case to that court for hearing and final determination. This ensures that the matter is heard in the proper...
Source-derived case information.
- Citation
- [2022] KEHC 14828 (KLR)
- Parties
- Applicant: Republic; Respondent: John Otieno Odongo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 153 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
- Outcome
- Case transferred to Madiany Law Courts; file closed.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Cases, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Otieno Odongo
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
Legal Issues
- 1 Whether Bondo PM Cr. E608/2022 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since both the accused person and the alleged offence in Bondo PM Cr. E608/2022 originate from the jurisdiction of Madiany Law Courts, it is appropriate and just to transfer the case to that court for hearing and final determination. This ensures that the matter is heard in the proper forum, in accordance with the principles of jurisdiction and fair trial under Kenyan criminal procedure law.
Court Disposition
Case transferred to Madiany Law Courts; file closed.
Orders
- Bondo PM Cr. E608/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and copies of this Ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Odongo (Miscellaneous Criminal Application 153 of 2022) [2022] KEHC 14828 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14828 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 153 of 2022
RE Aburili, J
November 2, 2022
Between
Republic
Applicant
and
John Otieno Odongo
Accused
Ruling
1. As the accused person and the alleged offence in Bondo PM Cr. E608/2022 originate from the jurisdiction of Madiany Law Courts, I hereby transfer Bondo PM Cr. E608/2022 to Madiany Law Courts for hearing and final determination.
2. The original Bondo file and copies of this Ruling and order shall be transmitted to Madiany Law Courts.
3. Copies of the Ruling and order to be supplied to Bondo Law Courts for their records and to inform the accused person to attend Madiany Law Courts as earlier fixed for 8/11/2022.
4. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2NDDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE