[2022] KEHC 14829 (KLR)

[2022] KEHC 14829 (KLR)

The court determined that since both the alleged offence and the accused person originate from the jurisdiction of the Madiany Law Courts, and that court is gazetted and operational, it is appropriate and in the interests of justice to transfer Bondo PM Cr. E315/2022 to Madiany Law Courts for hearing and final...

Source-derived case information.

Citation
[2022] KEHC 14829 (KLR)
Parties
Applicant: Republic; Respondent: George Alambo Ouma
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 155 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, Court Administration
Source Language
en
Criminal Law Transfer of Criminal Cases Jurisdiction Court Administration

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Parties

Republic

Applicant

George Alambo Ouma

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case

Legal Issues

  1. 1 Whether Bondo PM Cr. E315/2022 should be transferred to Madiany Law Courts for hearing and determination.
  2. 2 Whether the Madiany Law Courts have jurisdiction over the offence and accused person.

Ratio Decidendi

The court determined that since both the alleged offence and the accused person originate from the jurisdiction of the Madiany Law Courts, and that court is gazetted and operational, it is appropriate and in the interests of justice to transfer Bondo PM Cr. E315/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures the matter is heard in the proper forum with jurisdiction, and facilitates administrative efficiency. The court thus ordered the transmission of the original file and this ruling to Madiany Law Courts, with the hearing date to remain unchanged.

Court Disposition

case transferred to Madiany Law Courts; file closed

Orders

  • Bondo PM Cr. E315/2022 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.