[2022] KEHC 15182 (KLR)
The court determined that since both the accused and the place of the alleged offence fall within the jurisdiction of Madiany Law Courts, and as that court is gazetted and operational, it is appropriate to transfer the case from Bondo Law Courts to Madiany Law Courts for hearing and final determination. This ensures...
Source-derived case information.
- Citation
- [2022] KEHC 15182 (KLR)
- Parties
- Applicant: Republic; Defendant: Jacob Ojwang
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 33 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- case transferred to Madiany Law Courts; file closed at Siaya High Court
- 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
Jacob Ojwang
Defendant
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the criminal case should be transferred from Bondo Law Courts 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 Madiany Law Courts, and as that court is gazetted and operational, it is appropriate to transfer the case from Bondo Law Courts to Madiany Law Courts for hearing and final determination. This ensures the matter is heard in the proper forum as required by law.
Court Disposition
case transferred to Madiany Law Courts; file closed at Siaya High Court
Orders
- Bondo PM Cr. E604/2022 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 Ojwang (Miscellaneous Criminal Application 33 of 2022) [2022] KEHC 15182 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15182 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 33 of 2022
RE Aburili, J
November 11, 2022
(From original Bondo PM CR Case No E604 of 2022)
Between
Republic
Applicant
and
Jacob Ojwang
Accused
Ruling
1. Bondo PM Cr. E604/2022 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. E604/2022 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