[2022] KEHC 16621 (KLR)
The court determined that since the alleged offence took place in Kapuoyo village, South Asembo, which falls within the jurisdiction of Madiany Law Courts, it was appropriate and in accordance with the law to transfer the case from Bondo Law Courts to Madiany Law Courts. The transfer ensures that the trial is...
Source-derived case information.
- Citation
- [2022] KEHC 16621 (KLR)
- Parties
- Applicant: Republic; Respondent: Ann Otieno Ogola alias Opija
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E152 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
- Outcome
- Application for transfer of criminal case allowed.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Criminal Courts, Transfer of Criminal Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ann Otieno Ogola alias Opija
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
Legal Issues
- 1 Whether the Bondo PM Cr E673/2022 matter should be transferred to Madiany Law Courts due to jurisdictional considerations.
Ratio Decidendi
The court determined that since the alleged offence took place in Kapuoyo village, South Asembo, which falls within the jurisdiction of Madiany Law Courts, it was appropriate and in accordance with the law to transfer the case from Bondo Law Courts to Madiany Law Courts. The transfer ensures that the trial is conducted by the court with proper territorial jurisdiction, upholding the principles of fair trial and proper administration of justice.
Court Disposition
Application for transfer of criminal case allowed.
Orders
- Bondo PM Cr E673/2022 is transferred to Madiany Law Courts.
- The original file and this ruling to be submitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Ogola (Miscellaneous Criminal Application E152 of 2022) [2022] KEHC 16621 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16621 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E152 of 2022
RE Aburili, J
December 20, 2022
Between
Republic
Applicant
and
Ann Otieno Ogola alias Opija
Respondent
Ruling
1. The original Bondo PM Cr E673/2022 has been submitted to this court for consideration as the offence allegedly took place in Kapuoyo village, South Asembo within the jurisdiction of Madiany Law Courts.
2. I hereby transfer Bondo PM Cr E673/2022 to Madiany Law Courts. The original file and this Ruling to be submitted to Madiany Law Courts.
3. A copy of the Ruling to be given to Bondo Law Courts for records and to notify the accused and Prosecution.
4. Mention on January 5, 2022 before Madiany Law Courts.
5. File closed.
6. I so order.
Dated, signed and delivered at Siaya, this 20thDay of December, 2022R E ABURILIJUDGE