[2022] KEHC 15176 (KLR)
The court determined that since both the accused persons and the place of the alleged offence fall within the jurisdiction of Madiany Law Courts, and since that court is gazetted and operational, it is appropriate and in the interests of justice to transfer Bondo PM Cr. E474/2022 to Madiany Law Courts for hearing...
Source-derived case information.
- Citation
- [2022] KEHC 15176 (KLR)
- Parties
- Applicant: Republic; Defendant: Meshack Osio Oyugi; Defendant: Julius Omondi Osio
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 181 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
- Jurisdiction Transfer, Criminal Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Meshack Osio Oyugi
Defendant
Julius Omondi Osio
Defendant
Procedural Posture
Miscellaneous Criminal Application / Ruling on Transfer of Criminal Case
Legal Issues
- 1 Whether Bondo PM Cr. E474/2022 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since both the accused persons and the place of the alleged offence fall within the jurisdiction of Madiany Law Courts, and since that court is gazetted and operational, it is appropriate and in the interests of justice to transfer Bondo PM Cr. E474/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard by the court with proper territorial jurisdiction, in accordance with statutory requirements.
Court Disposition
case transferred to Madiany Law Courts; file closed at Siaya High Court
Orders
- Bondo PM Cr. E474/2022 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
23 paragraphs
Republic v Oyugi & another (Miscellaneous Criminal Application 181 of 2022) [2022] KEHC 15176 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15176 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 181 of 2022
RE Aburili, J
November 11, 2022
Between
Republic
Applicant
and
Meshack Osio Oyugi
1st Accused
Julius Omondi Osio
2nd Accused
(From original Bondo PM CR Case No E474 of 2022)
Ruling
1. Bondo PM Cr. E474/2022 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. E474/2022 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 on November 15, 2022 as earlier scheduled.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE