[2022] KEHC 15175 (KLR)
The court determined that since the accused and the place of the alleged offence are within the jurisdiction of Madiany Law Courts, and that court is gazetted and operationalized, it is proper and just to transfer Bondo PM CR E635/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures...
Source-derived case information.
- Citation
- [2022] KEHC 15175 (KLR)
- Parties
- Applicant: Republic; Defendant: Sentuka Otieno alias Mama Peace
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 32 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
- Outcome
- case transferred to Madiany Law Courts; file closed at Siaya High Court
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Cases, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sentuka Otieno alias Mama Peace
Defendant
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
Legal Issues
- 1 Whether Bondo PM CR E635/2022 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the accused and the place of the alleged offence are within the jurisdiction of Madiany Law Courts, and that court is gazetted and operationalized, it is proper and just to transfer Bondo PM CR E635/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard by the court with territorial and subject-matter jurisdiction, in accordance with statutory requirements and the interests of justice.
Court Disposition
case transferred to Madiany Law Courts; file closed at Siaya High Court
Orders
- Bondo PM CR E635/2022 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
20 paragraphs
Republic v Otieno (Miscellaneous Criminal Application 32 of 2022) [2022] KEHC 15175 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15175 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 32 of 2022
RE Aburili, J
November 11, 2022
Between
Republic
Applicant
and
Sentuka Otieno alias Mama Peace
Accused
Ruling
1. Bondo PM CR E635/2022 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 E635/2022 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 November 16, 2022.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF NOVEMBER, 2022R E ABURILIJUDGE