[2020] KEHC 520 (KLR)
The court found that since the criminal proceedings in question are before the Mavoko Law Courts, which fall under the supervisory jurisdiction of the Machakos High Court, the Nairobi High Court lacks jurisdiction to entertain the application. Furthermore, as a related application involving the same subject matter...
Source-derived case information.
- Citation
- [2020] KEHC 520 (KLR)
- Parties
- Applicant: Somesh Kumar Choudhury; Respondent: Director of Public Prosecution; Respondent: Inspector General of the National Police Service; Respondent: The Chief Magistrate's Court, Mavoko Law Courts; Maisha Packaging Company Limited; Viami Impex Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E077 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Application for Leave and Transfer of Suit
- Outcome
- Application transferred to Machakos High Court for hearing and determination.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Prohibition and Certiorari, Criminal Prosecution, Supervisory Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Somesh Kumar Choudhury
Applicant
Director of Public Prosecution
Respondent
Inspector General of the National Police Service
Respondent
The Chief Magistrate's Court, Mavoko Law Courts
Respondent
Maisha Packaging Company Limited
Viami Impex Ltd
Procedural Posture
Judicial Review Application / Ruling on Application for Leave and Transfer of Suit
Legal Issues
- 1 Whether the High Court at Nairobi has jurisdiction to entertain the application for judicial review orders relating to criminal proceedings at Mavoko Law Courts.
- 2 Whether there is a risk of conflicting orders if the application proceeds in Nairobi while a related matter is pending before the Machakos High Court.
Ratio Decidendi
The court found that since the criminal proceedings in question are before the Mavoko Law Courts, which fall under the supervisory jurisdiction of the Machakos High Court, the Nairobi High Court lacks jurisdiction to entertain the application. Furthermore, as a related application involving the same subject matter is already pending before the Machakos High Court, there is a real risk of conflicting orders if the Nairobi High Court proceeds with the matter. Therefore, in the interests of justice and judicial orderliness, the application should be transferred to the Machakos High Court for hearing and determination.
Court Disposition
Application transferred to Machakos High Court for hearing and determination.
Orders
- This suit is transferred to the Machakos High Court for further hearing and determination.
- The Applicant’s Chamber Summons dated 27th April 2020 shall be placed before the Duty Judge at the Machakos High Court on 19th January 2021 for directions.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC E077 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR
JUDICIAL REVIEW ORDERS OF PROHIBITION AND CERTIORARI
BETWEEN
SOMESH KUMAR CHOUDHURY..........................................APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTION.................1ST RESPONDENT
INSPECTOR GENERAL OF THE NATIONAL
POLICE SERVICE........................................................2ND RESPONDENT
THE CHIEF MAGISTRATE'S COURT,
MAVOKO LAW COURTS...........................................3RD RESPONDENT
AND
MAISHA PACKAGING COMPANY
LIMITED..........................................................1ST INTERESTED PARTY
VIAMI IMPEX LTD....................................2ND INTERESTED PARTY
RULING
The Application
1. The Applicant herein are aggrieved by a decision by the Respondents to charge them with the offence of obtaining goods by false pretences before the Mavoko Law Courts Chief Magistrate’s Court, in Criminal Case Number 533 of 2020 and Criminal Case N umber 557 of 2020, wherein the Applicant is the 2nd Accused's Person.. The Applicant has therefore moved this Court in an application by way of Chamber Summons dated 17th December 2020, seeking orders that the said application be certified urgent, and for leave to apply for judicial review orders of certiorari and prohibition to quash and prohibit the said criminal proceedings.
2. The Applicant also seek orders that the said leave operate as a stay of the said criminal proceedings, and that the costs of the application be provided for. The application is supported by the Applicant’s statutory statement dated 17th December 2020, and a verifying affidavit sworn on the same date by the Applicant.
3. I have perused the ex parte Applicants’ Chamber Summons dated 27th April 2020 and supporting documents, and note that the ex parte Applicants are seeking leave to bring orders in relation to criminal proceedings in the Mavoko Law Courts, which are under the supervisory jurisdiction of the Machakos High Court. Furthermore, the Applicant has also stated that 1st Accused person in the subject criminal proceedings, namely one, Harenkumar Damji Mandavia, has moved the High Court at Machakos in Judicial Review Application No. 103 of 2020, whereby the Court granted interim Order of Stay of proceedings pending determination of the substantive motion application. There is thus the additional risk of this Court issuing conflicting orders in relation to the same criminal proceedings.
4. In the premises I direct and orders that this suit be and is hereby transferred to the Machakos High Court for further hearing and determination. The Applicant’s Chamber Summons dated 27th April 2020 shall accordingly be placed before the Duty Judgeat theMachakos High Court on 19th January 2021, for directions.
5. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling and orders by electronic mail to theex parte Applicants, and to the Deputy Registrar of the Machakos High Court, by close of business on 6th January 2021.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF DECEMBER 2020
P. NYAMWEYA
JUDGE