[2025] KEHC 6231 (KLR)

[2025] KEHC 6231 (KLR)

The High Court found that the Maseno Law Courts lacked the requisite geographical jurisdiction to hear the criminal case against the accused. In exercise of its powers under Section 81 of the Criminal Procedure Code, the court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts, which has the proper jurisdiction. The court further directed that the matter be mentioned before the Head of Station at Kombewa Law Court for further directions, and ordered the closure of the file at the High Court.

Citation
[2025] KEHC 6231 (KLR)
Parties
Applicant: Republic; Respondent: George Ochieng Odundo alias Odiwa
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
19 May 2025
Case Number
Miscellaneous Criminal Application E053 of 2025
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Case for Jurisdictional Reasons
Outcome
Application for transfer of criminal case allowed.
Judges
A Mabeya
Legal Topics
Jurisdiction of Magistrate Courts, Transfer of Criminal Cases
Source Language
English
Criminal Law Jurisdiction of Magistrate Courts Transfer of Criminal Cases

Case Brief

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Parties

Republic

Applicant

George Ochieng Odundo alias Odiwa

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Transfer of Case for Jurisdictional Reasons

Legal Issues

  1. 1 Whether the Maseno Law Courts have geographical jurisdiction over the matter.
  2. 2 Whether the case should be transferred to Kombewa Law Courts.

Ratio Decidendi

The High Court found that the Maseno Law Courts lacked the requisite geographical jurisdiction to hear the criminal case against the accused. In exercise of its powers under Section 81 of the Criminal Procedure Code, the court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts, which has the proper jurisdiction. The court further directed that the matter be mentioned before the Head of Station at Kombewa Law Court for further directions, and ordered the closure of the file at the High Court.

Court Disposition

Application for transfer of criminal case allowed.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts.
  • Mention on 27/5/2025 before Head of Station, Kombewa Law Court for further directions.