[2025] KEHC 17170 (KLR)
The court found that the alleged offence forming the subject of Busia CMCCRC No. E310 of 2024 was committed within Mumias, Kakamega County. Therefore, the respondent ought to have been arraigned at the Mumias Law Courts, which have the proper territorial jurisdiction. The court exercised its discretion to transfer...
Source-derived case information.
- Citation
- [2025] KEHC 17170 (KLR)
- Parties
- Applicant: Republic; Respondent: Aggrey Okumu Rupia
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E005 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Motion to Transfer Criminal Case
- Outcome
- Application allowed. Criminal case transferred to proper court.
- Judges
- WM Musyoka
- Legal Topics
- Transfer of Criminal Cases, Territorial Jurisdiction, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Aggrey Okumu Rupia
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Motion to Transfer Criminal Case
Legal Issues
- 1 Whether the criminal case should be transferred from Busia Law Courts to Mumias Law Courts due to the location of the alleged offence.
- 2 Whether the respondent was arraigned before a court with proper territorial jurisdiction.
Ratio Decidendi
The court found that the alleged offence forming the subject of Busia CMCCRC No. E310 of 2024 was committed within Mumias, Kakamega County. Therefore, the respondent ought to have been arraigned at the Mumias Law Courts, which have the proper territorial jurisdiction. The court exercised its discretion to transfer the case to the appropriate court to ensure the matter is heard and determined by a court with competent jurisdiction over the locality where the offence allegedly occurred.
Court Disposition
Application allowed. Criminal case transferred to proper court.
Orders
- The file in Busia CMCCRC No. E310 of 2024 shall be transferred to the Mumias Senior Principal Magistrate’s Court for hearing and disposal.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Rupia (Miscellaneous Criminal Application E005 of 2025) [2025] KEHC 17170 (KLR) (13 February 2025) (Ruling)
Neutral citation: [2025] KEHC 17170 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Criminal Application E005 of 2025
WM Musyoka, J
February 13, 2025
Between
Republic
Applicant
and
Aggrey Okumu Rupia
Respondent
Ruling
1. I have a Motion before me, dated 6th February 2025. It seeks transfer of the criminal case in Busia CMCCRC No. E310 of 2024to the Mumias Law Courts.
2. I note that the offence the subject of the charge and prosecution, in Busia CMCCRC No. E310 of 2024, was allagdly committed within Mumias of Kakamega County. Consequently, the respondent ought to have been arraigned at the court at Mumias, within whose local limits of jurisdiction the crime was allegedly committed
3. The order that I make in the circumstances is that the file in Busia CMCCRC No. E310 of 2024 shall be transferred to the Mumias Senior Principal Magistrate’s Court for hearing and disposal.
DELIVERED, DATED AND SIGNED IN CHAMBERS AT BUSIA THIS 13TH DAY OF FEBRUARY 2025. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Onanda Antony, instructed by the Director of Public Prosecutions, for the applicant.