[2022] KEHC 14872 (KLR)
The court found that since both the alleged offence and the accused originate from the jurisdiction of Madiany Law Courts, and since that court is gazetted and fully operational, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law...
Source-derived case information.
- Citation
- [2022] KEHC 14872 (KLR)
- Parties
- Applicant: Republic; Respondent: Kennedy Okumu Ogutu Alias Elekiah
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 156 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted; case transferred to Madiany Law Courts; file closed.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Proceedings, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Kennedy Okumu Ogutu Alias Elekiah
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the criminal case should be transferred from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court found that since both the alleged offence and the accused originate from the jurisdiction of Madiany Law Courts, and since that court is gazetted and fully operational, it is appropriate and in the interests of justice 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 in the proper forum, aligning with statutory provisions on jurisdiction and transfer of criminal cases.
Court Disposition
Application for transfer of proceedings granted; case transferred to Madiany Law Courts; file closed.
Orders
- Bondo PM Cr E537/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of the ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Ogutu (Miscellaneous Criminal Application 156 of 2022) [2022] KEHC 14872 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14872 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 156 of 2022
RE Aburili, J
November 2, 2022
Between
Republic
Applicant
and
Kennedy Okumu Ogutu Alias Elekiah
Accused
Ruling
1. At the alleged offence and the accused originate from the jurisdiction of Madiany Law Courts which is gazetted and fully operationalized. I hereby transfer Bondo PM Cr E537/2022 to Madiany Law Courts for hearing and final determination.
2. The original Bondo with together with copies of this Ruling and order shall be transmitted Madiany Law Courts.
3. Copies to be send to Bondo Law Courts for records and the accused to be notified by Bondo Law Courts to attend Madiany Law Courts on 8/11/2022.
4. The file is hereby closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2NDDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE