[2022] KEHC 14742 (KLR)
The court determined that since both the accused and the alleged offence originate from the jurisdiction of Madiany Law Courts, and that court has been gazetted and is 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 14742 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilfred Omedi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 157 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted; file transferred to Madiany Law Courts.
- 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
Wilfred Omedi
Defendant
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 determined that since both the accused and the alleged offence originate from the jurisdiction of Madiany Law Courts, and that court has been gazetted and is 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 with territorial jurisdiction, and facilitates administrative efficiency and convenience for all parties involved.
Court Disposition
Application for transfer of proceedings granted; file transferred to Madiany Law Courts.
Orders
- Bondo PM Cr E576/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and copies of this order and ruling to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Omedi (Miscellaneous Criminal Application 157 of 2022) [2022] KEHC 14742 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14742 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 157 of 2022
RE Aburili, J
November 2, 2022
Between
Republic
Applicant
and
Wilfred Omedi
Accused
Ruling
1. This file originates Bondo PM Cr No E576/2022 availed to this court for directions. As the accused and the alleged offence originate from the jurisdiction of Madiany law courts which was gazetted and operationalized, I hereby transfer Bondo PM Cr E576/2022 to Madiany law courts for hearing and final determination.
2. The original Bondo file and copies of this order and ruling to be transmitted to Madiany law courts.
3. Copies of the order and ruling to be supplied to Bondo law court for records and to inform the accused to attend Madiany law courts on November 8, 2022.
4. I so order.
5. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE