[2022] KEHC 14808 (KLR)
The court determined that since the alleged offence was committed within the jurisdiction of Madiany Law Courts, and that court is now gazetted and fully operational, it is proper and in accordance with the law to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for hearing and determination....
Source-derived case information.
- Citation
- [2022] KEHC 14808 (KLR)
- Parties
- Applicant: Republic; Respondent: James Onyango Rero
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 148 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Criminal Proceedings, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Onyango Rero
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 due to jurisdictional considerations.
Ratio Decidendi
The court determined that since the alleged offence was committed within the jurisdiction of Madiany Law Courts, and that court is now gazetted and fully operational, it is proper and in accordance with the law to transfer the proceedings from Bondo Law Courts to Madiany Law Courts for hearing and determination. This ensures that the trial is conducted in the appropriate forum as required by law.
Court Disposition
Application for transfer of proceedings granted.
Orders
- Bondo PM Cr. E564/2022 is transferred to Madiany Law Courts for hearing and determination.
- The original Bondo file together with copies of this Ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Rero (Miscellaneous Criminal Application 148 of 2022) [2022] KEHC 14808 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14808 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 148 of 2022
RE Aburili, J
November 2, 2022
Between
Republic
Applicant
and
James Onyango Rero
Accused
Ruling
1. As the place where the offence is alleged to have been committed is within the jurisdiction of Madiany Law Courts which was gazetted and fully operationalized, Bondo PM Cr. E564/2022 be and is hereby transferred to Madiany Law Courts for hearing and determination.
2. The original Bondo file together with copies of this Ruling and order shall be transmitted to Madiany Law Courts.
3. Copies to be send to Bondo Law Courts for their records.
4. Accused to be notified by Bondo Law Courts for mention on 8/11/2022.
5. I so order.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2NDDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE