[2022] KEHC 14740 (KLR)
The court determined that since both the offence and the accused persons originate from the jurisdiction of Madiany Law Courts, and that court has been gazetted and is fully operational, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for...
Source-derived case information.
- Citation
- [2022] KEHC 14740 (KLR)
- Parties
- Applicant: Republic; Respondent: John Ouma alias Solo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 150 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; 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
John Ouma alias Solo
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 both the offence and the accused persons originate from the jurisdiction of Madiany Law Courts, and that court has been gazetted and is fully operational, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for hearing and determination. The transfer ensures that the matter is heard in the proper forum, in accordance with the law and administrative convenience.
Court Disposition
Application for transfer of proceedings allowed; case transferred to Madiany Law Courts.
Orders
- Bondo PM Cr.E485/2022 is transferred to Madiany Law Courts for hearing and determination.
- The original Bondo Court file together 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 Ouma alias Solo (Miscellaneous Criminal Application 150 of 2022) [2022] KEHC 14740 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14740 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 150 of 2022
RE Aburili, J
November 2, 2022
Between
Republic
Applicant
and
John Ouma alias Solo
Accused
Ruling
1. Bondo PM Cr. E485/2022 was availed to this court for directions. As the offence and the accused persons originate from the jurisdiction of Madiany Law Courts which was gazette and fully operationalized, I hereby transfer Bondo PM Cr.E485/2022 to Madiany Law Courts for hearing and determination.
2. The original Bondo Court file together with copies of this Ruling and order to be transmitted to Madiany Law Courts. Copies to be send to Bondo Law Courts for records.
3. Hearing shall remain as earlier fixed, at Madiany Law Courts on 6/12/2022.
4. Bondo Law Courts to notify the accused.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE