https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11245
Because the impugned criminal proceedings originated from Makadara Chief Magistrate's Court, which falls under the supervisory and territorial jurisdiction of the High Court sitting at Makadara, the High Court at Kibera lacked jurisdiction to entertain the application. The Notice of Motion was therefore incompetent...
Source-derived case information.
- Citation
- [2026] KEHC 11245 (KLR)
- Parties
- Applicant: Salma Abdurahman; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E095 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Notice of Motion for Anticipatory Bail
- Outcome
- Notice of Motion struck out for want of territorial jurisdiction.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Anticipatory Bail, Territorial Jurisdiction, Supervisory Jurisdiction, Competence of Application, Striking Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Salma Abdurahman
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Notice of Motion for Anticipatory Bail
Legal Issues
- 1 Whether the High Court at Kibera had territorial jurisdiction to hear an application arising from proceedings in Makadara Chief Magistrate's Court.
- 2 Whether the Notice of Motion dated 4th November 2025 was competent before that court.
Ratio Decidendi
Because the impugned criminal proceedings originated from Makadara Chief Magistrate's Court, which falls under the supervisory and territorial jurisdiction of the High Court sitting at Makadara, the High Court at Kibera lacked jurisdiction to entertain the application. The Notice of Motion was therefore incompetent and had to be struck out.
Court Disposition
Notice of Motion struck out for want of territorial jurisdiction.
Orders
- The Notice of Motion dated 4th November 2025 is struck out.
- The Applicant may file the application before the High Court with the appropriate territorial jurisdiction.
Full Case Text
Judgment text and source record
1 paragraphs
Abdurahman v Republic (Miscellaneous Criminal Application E095 of 2026) [2026] KEHC 11245 (KLR) (21 July 2026) (Ruling) Neutral citation: [2026] KEHC 11245 (KLR) Republic of Kenya In the High Court at Kibera Miscellaneous Criminal Application E095 of 2026 DR Kavedza, J July 21, 2026 Between Salma Abdurahman Applicant and Republic Respondent Ruling 1.The Applicant filed a Notice of Motion dated 4th November 2025 seeking, inter alia, orders of anticipatory bail arising from proceedings in Makadara Chief Magistrate's Court Criminal Case No. E5480 of 2025, Republic v Nicholas Kipkoech. The application invokes this Court's jurisdiction to grant appropriate constitutional and statutory relief pending the determination of the criminal proceedings. 2.Upon considering the application, the Court finds that the impugned proceedings originate from the Makadara Chief Magistrate's Court, which falls under the supervisory and territorial jurisdiction of the High Court sitting at Makadara. Consequently, this Court lacks the requisite territorial jurisdiction to entertain the application 3.In the circumstances, the Notice of Motion dated 4th November 2025 is incompetent and is struck out. The Applicant is at liberty to present the application before the High Court with the appropriate territorial jurisdiction.Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 21ST DAY OF JULY 2026D. KAVEDZAJUDGE