[2022] KEHC 14739 (KLR)

[2022] KEHC 14739 (KLR)

The court found that since the offence in Bondo PM Cr. E035/2022 originated from the jurisdiction of Madiany Law Courts, and given that Madiany Law Courts is gazetted and fully operationalized, it is proper and in accordance with the law to transfer the case to that court for hearing and final determination. The...

Source-derived case information.

Citation
[2022] KEHC 14739 (KLR)
Parties
Applicant: Republic; Respondent: Steven Adoch Onyango
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 146 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
Outcome
case transferred to Madiany Law Courts; file closed
Judges
RE Aburili
Legal Topics
Transfer of Criminal Cases, Jurisdiction of Courts
Source Language
en
Criminal Law Transfer of Criminal Cases Jurisdiction of Courts

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Parties

Republic

Applicant

Steven Adoch Onyango

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case

Legal Issues

  1. 1 Whether Bondo PM Cr. E035/2022 should be transferred to Madiany Law Courts for hearing and determination.
  2. 2 Whether Madiany Law Courts has jurisdiction over the matter.

Ratio Decidendi

The court found that since the offence in Bondo PM Cr. E035/2022 originated from the jurisdiction of Madiany Law Courts, and given that Madiany Law Courts is gazetted and fully operationalized, it is proper and in accordance with the law to transfer the case to that court for hearing and final determination. The transfer ensures that the matter is heard by the court with the appropriate territorial jurisdiction, thereby upholding the principles of proper forum and judicial efficiency.

Court Disposition

case transferred to Madiany Law Courts; file closed

Orders

  • Bondo PM Cr. E035/2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original Bondo file and a copy of this Ruling and order to be transmitted to Madiany Law Courts.