Republic v Otieno & another [2025] KEHC 17158 (KLR)

Republic v Otieno & another (Miscellaneous Criminal Application E006 of 2025) [2025] KEHC 17158 (KLR) (13 February 2025) (Ruling)

Neutral citation: [2025] KEHC 17158 (KLR)

Republic of Kenya

In the High Court at Busia

Miscellaneous Criminal Application E006 of 2025

WM Musyoka, J

February 13, 2025

Between

Republic

Applicant

and

Morris Otieno

1st Respondent

Moses Omia Tongoto

2nd Respondent

Ruling

1. A Motion, dated 6th February 2025, has been placed before me. It seeks transfer of the criminal case in Busia CMCCRC No. E351 of 2024 to the Port Victoria Law Courts.

2. The offence, the subject of the charge and prosecution, in Busia CMCCRC No. E351 of 2024, was allegedly committed within the Samia Sub-County of Busia County, which falls within the local limits of the jurisdiction of the Port Victoria Court.

3. The order that I make, in the circumstances, is that the file in Busia CMCCRC No. E351 of 2024 shall be transferred to the Port Victoria Senior Resident Magistrate’s Court, for hearing and disposal.

DELIVERED, DATED AND SIGNED, IN CHAMBERS, AT BUSIA, THIS 13THDAY OF FEBRUARY 2025. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Onanda Antony, instructed by the Director of Public Prosecutions, for the applicant.