[2022] KEHC 15179 (KLR)
The court determined that since both the accused and the place of the alleged offence fall within the jurisdiction of the Madiany Law Courts, and as that court is gazetted and operational, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany...
Source-derived case information.
- Citation
- [2022] KEHC 15179 (KLR)
- Parties
- Applicant: Republic; Respondent: Elisha Odongo Odongo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 171 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Proceedings, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Elisha Odongo Odongo
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Bondo PM Criminal Case SO E058/2022 should be transferred 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 the Madiany Law Courts, and as that court is gazetted and operational, it is appropriate and in accordance with the law to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction, upholding the principles of fair trial and judicial efficiency.
Court Disposition
Application for transfer of proceedings granted.
Orders
- Bondo PM Cr. SO E058/2022 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 Odongo (Miscellaneous Criminal Application 171 of 2022) [2022] KEHC 15179 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15179 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 171 of 2022
RE Aburili, J
November 11, 2022
(From original Bondo PM CR Case No SO E058 of 2022)
Between
Republic
Applicant
and
Elisha Odongo Odongo
Accused
Ruling
1. Bondo PM SO. E058/2022 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. SO E058/2022 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 16/11/2022.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE