[2021] KEHC 8279 (KLR)
The High Court found that Msambweni Law Courts had the proper territorial jurisdiction over the matter, as the offence was registered there and the subsequent transfer to Kwale Law Courts was only for administrative convenience due to the absence of the presiding magistrate. The proceedings at Kwale Law Courts,...
Source-derived case information.
- Citation
- [2021] KEHC 8279 (KLR)
- Parties
- Applicant: Director Public Prosecutions; Respondent: Patricia Njira Nyawa; Respondent: Christine Mwende
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Revision Case E009 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Matter to be tried afresh at Msambweni Law Courts; both accused to plead afresh; investigation into dual registration ordered.
- Judges
- DO Ogembo
- Legal Topics
- Territorial Jurisdiction, Plea Taking, Case Transfer, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director Public Prosecutions
Applicant
Patricia Njira Nyawa
Respondent
Christine Mwende
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the matter should be tried at Msambweni Law Courts or Kwale Law Courts given dual registration.
- 2 Whether the proceedings conducted at Kwale Law Courts were valid given jurisdictional concerns.
- 3 What directions should be given regarding the accused persons' plea and trial.
Ratio Decidendi
The High Court found that Msambweni Law Courts had the proper territorial jurisdiction over the matter, as the offence was registered there and the subsequent transfer to Kwale Law Courts was only for administrative convenience due to the absence of the presiding magistrate. The proceedings at Kwale Law Courts, including plea taking and bond issuance, were conducted without proper jurisdiction. To ensure the integrity of the process and the rights of the accused, the court ordered that the matter be tried afresh at Msambweni Law Courts, with both accused persons recalled to plead anew. The Head of Station was directed to investigate the circumstances leading to dual registration and...
Court Disposition
Matter to be tried afresh at Msambweni Law Courts; both accused to plead afresh; investigation into dual registration ordered.
Orders
- This matter shall be tried and determined in Msambweni Law Courts which has the territorial jurisdiction in the matter.
- The matter shall be tried afresh, and both accused persons shall be recalled to plead afresh to the charges.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
REVISION NO. E009/2021
(From the Original Conviction and Sentence in Kwale Criminal Case No. 1 of 2021 formerly Msambweni MCCR/E083/2021)
DIRECTOR PUBLIC PROSECUTIONS.........................................APPLICANT
VERSUS
1. PATRICIA NJIRA NYAWA
2. CHRISTINE MWENDE...........................................................RESPONDENTS
RULING ON REVISION
1. From the letter addressed to me by Hon. S. A. Ogot (SPM) dated 17/3/2021, the background to this revision is as follows:
2. Hon. Ogot serves as the only sitting magistrate at Msambweni Law Courts and also as the Head of Station. Normally when she is away, pleas for Msambweni Law Courts are registered at Msambweni Law Courts but handled at Kwale Law Courts and returned back to Msambweni station for further action.
3. On 3rd March, 2021 Hon. Ogot was away on compassionate leave and this matter was registered at Msambweni station for plea taking. Accordingly, the same went to Kwale Law Courts for taking of plea. At Kwale Law Courts, the file was registered a fresh with a new case number from Kwale Law Courts despite it already being registered at Msambweni Law Courts. The court that handled the matter, Court 2, took plea from the two accused persons. Accused one pleaded guilty and the court requested for a presentence report with a further mention of 9th March, 2021 issued. Accused two pleaded not guilty and the court issued bond terms and placed it for hearing before Court 3.
4. When the matter went to Court 3 for surety hearing, the State Counsel noted that the same was a matter from Msambweni Law Courts and that they had no jurisdiction to deal with it. The court agreed with those sentiments and on 16th March, 2021 it issued order for the file to be transferred back to Msambweni Law Courts and the same listed for directions on the 17th March, 2021.
5. Hon. Ogot has now written to me seeking my directions on how the matter should progress. Is it a Msambweni Law Courts file or a Kwale Law Courts file as both courts have it registered in their systems? Further, Accused One has been convicted but is yet to be sentenced and was released into the custody of her father while Accused Two is remanded in custody.
6. From the foregoing it is my finding that this is a matter that I have the jurisdiction to revise so as to ensure the ends of justice. Accordingly, and pursuant to the review jurisdiction of this Court I make the following orders:
(i) This matter shall be tried and determined in Msambweni Law Courts which has the territorial jurisdiction in the matter.
(ii) The matter shall be tried afresh, and both accused persons shall be recalled to plead afresh to the charges.
(iii) Hon. Ogot (SPM) the Head of Station, to investigate with the help of the prosecutor, the circumstances under which the matter was registered as a Kwale Court matter.
(iv) The report to be sent to me before 30/4/2021.
Orders accordingly.
DATED AND SIGNED AT MOMBASA THIS 22ND DAY OF MARCH, 2021.
E. K. O. OGOLA
JUDGE