The High Court at Busia transferred a criminal case to Mumias after finding the alleged offence occurred there, making Mumias the proper venue for trial.
Republic v Otieno & another [2025] KEHC 1808 (KLR)
Court
High Court
Case number
Miscellaneous Criminal Application E006 of 2025
Judge
WM Musyoka
The High Court at Busia allowed an application to transfer a criminal case to Port Victoria, finding the alleged offence fell within that court’s territorial jurisdiction.
The High Court transferred a criminal case from Busia to Mumias after finding the alleged offence was committed within Mumias, so that the proper territorial court would hear it.
Republic v Otieno & another [2025] KEHC 17158 (KLR)
Court
High Court
Case number
Miscellaneous Criminal Application E006 of 2025
Judge
WM Musyoka
The High Court at Busia allowed a motion to transfer a criminal file to Port Victoria, finding the alleged offence fell within that court’s territorial jurisdiction.
Omwanda v Ochieng & 2 others [2024] KEHC 13300 (KLR)
Court
High Court
Case number
Miscellaneous Case 332 of 2024
Judge
MS Shariff
The High Court at Kisumu allowed an unopposed motion to transfer two suits to the proper magistrate’s court because the cause of action arose in Vihiga County.
Republic v Okeyo; Joy Millers Limited (Interested Party) [2024] KEHC 6039 (KLR)
Court
High Court
Case number
Criminal Revision E193 of 2023
Judge
RM Mwongo
The High Court found that the trial court's decision to transfer the case to Kisumu was based on the charge sheet, which indicated the offence occurred in Nyamasaria, Kisumu County. Although the applicant argued that several events related to the offence occurred within Gichugu's jurisdiction, the charge did not specify that the consequence of the offence ensued there. Section 72 of the Criminal Procedure Code allows for trial either where the act was done or where the consequence ensued, but in this case, the charge sheet only referenced the act in Kisumu. The trial court, therefore, acted w…
Ong’uti v Sunlam Insurance Agency Ltd [2024] KEHC 328 (KLR)
Court
High Court
Case number
Civil Miscellaneous Application E335 of 2023
Judge
AN Ongeri
The High Court transferred a motor accident suit from Milimani to Narok and ordered consolidation with a related Narok case, finding the move served justice and efficiency.
Murabacha & another v Republic [2023] KEHC 944 (KLR)
Court
High Court
Case number
Criminal Revision E056 of 2022
Judge
RPV Wendoh
The High Court found that the trial court correctly relied on the particulars of the charge and the evidence before it, which indicated that the offence was committed in Migori. The applicants failed to provide sufficient evidence to demonstrate that the offence was committed in Nairobi or that any of the statutory grounds for transfer under Section 81 of the Criminal Procedure Code were met. The inconvenience to the applicants and their advocates did not amount to a violation of their rights to access justice or fair trial, nor did it justify transfer of the case. The court also found no err…
Patroba Michieka Omwenga v Republic [2022] KEHC 1638 (KLR)
Court
High Court
Case number
Miscellaneous Criminal Application E150 of 2021
Judge
JO Nyarangi
The court found that the applicant was apprehended in Nairobi and the prosecution did not controvert his claim of residence in Nairobi. The charge sheet indicated the offence occurred at an unknown place and the alleged offences were committed via digital platforms, making the location of commission ambiguous. Under Section 71 of the Criminal Procedure Code, the appropriate venue for trial includes the place of apprehension. The court held that the convenience of the applicant and the interest of justice favored transfer to Milimani CM's Court, as requiring the applicant to travel to Voi woul…