[2022] KEHC 14813 (KLR)

[2022] KEHC 14813 (KLR)

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

Source-derived case information.

Citation
[2022] KEHC 14813 (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
Application for transfer of case allowed.
Judges
RE Aburili
Legal Topics
Transfer of Criminal Cases, Jurisdiction of Courts, Case Management
Source Language
en
Criminal Law Transfer of Criminal Cases Jurisdiction of Courts Case Management

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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 since Madiany Law Courts is gazetted and fully operationalized, it is proper and in accordance with the law that the matter be transferred to Madiany Law Courts for hearing and final determination. The transfer ensures that the case is heard in the court with the appropriate territorial jurisdiction, promoting judicial efficiency and adherence to statutory requirements.

Court Disposition

Application for transfer of case allowed.

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.