Republic v Wafula & 2 others (Miscellaneous Criminal Application E123 of 2025) [2026] KEHC 5525 (KLR) (23 April 2026) (Ruling)

Republic v Wafula & 2 others (Miscellaneous Criminal Application E123 of 2025) [2026] KEHC 5525 (KLR) (23 April 2026) (Ruling)

The Magistrate's court lacked jurisdiction to transfer the criminal case to Sirisia Law Courts; only the High Court can order such transfers. The Applicant failed to provide compelling evidence of political or witness interference to justify retention of the case in Bungoma. The proper jurisdiction for trial is...

Source-derived case information.

Citation
[2026] KEHC 5525 (KLR)
Parties
Applicant: Republic; 1st Respondent: Simon Wafula; 2nd Respondent: Mathew Juma; 3rd Respondent: Kapukha Murefu
Court
High Court
Jurisdiction
Kenya
Judgment Date
23 April 2026
Case Number
Miscellaneous Criminal Application E123 of 2025
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
Application dismissed
Legal Topics
Jurisdiction, Transfer of Criminal Proceedings, Supervisory Powers, Fair Trial, Political Interference
Source Language
english
Criminal Law Constitutional Law Procedure Jurisdiction Transfer of Criminal Proceedings Supervisory Powers Fair Trial Political Interference

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Simon Wafula

1st Respondent

Mathew Juma

2nd Respondent

Kapukha Murefu

3rd Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the Magistrate's court had jurisdiction to transfer the criminal case to Sirisia Law Courts
  2. 2 Whether the Application for retention of the case in Bungoma Law Courts has merit
  3. 3 Whether there are compelling reasons to warrant hearing the case in Bungoma instead of Sirisia

Ratio Decidendi

The Magistrate's court lacked jurisdiction to transfer the criminal case to Sirisia Law Courts; only the High Court can order such transfers. The Applicant failed to provide compelling evidence of political or witness interference to justify retention of the case in Bungoma. The proper jurisdiction for trial is Sirisia Law Courts, where the alleged offence occurred.

Court Disposition

Application dismissed

Orders

  • The impugned Ruling dated 10th September 2025 is set aside.
  • Criminal suit in Bungoma CMCR E1094 of 2025 shall be transferred for hearing and determination at Sirisia Law Courts.