[2022] KEHC 15227 (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 operational, it is proper and just to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The...
Source-derived case information.
- Citation
- [2022] KEHC 15227 (KLR)
- Parties
- Applicant: Republic; Respondent: Jared Ogutu Otieno
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 180 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted. Case 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Jared Ogutu Otieno
Respondent
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 the accused and the place of the alleged offence are within the jurisdiction of Madiany Law Courts, and that court is gazetted and operational, it is proper and just to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the appropriate forum as per the law governing jurisdiction in criminal matters.
Court Disposition
Application for transfer of proceedings granted. Case transferred to Madiany Law Courts.
Orders
- Bondo PM CR SO E041/2022 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 180 of 2022) [2022] KEHC 15227 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15227 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 180 of 2022
RE Aburili, J
November 11, 2022
Between
Republic
Applicant
and
Jared Ogutu Otieno
Accused
Ruling
1. Bondo PM CR SO E041/2022 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 SO E041/2022 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 hearing on December 13, 2022 as earlier scheduled.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF NOVEMBER, 2022R E ABURILIJUDGE