Samuel Ng’ang’a Gachau & Alice Munini Muthengi v Attorney General & Kenya Power & Lighting Company Limited [2016] KEHC 4610 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL CASE NO.  200 OF 2015

SAMUEL NG’ANG’A GACHAU………….……………………………1ST PLAINTIFF

ALICE MUNINI MUTHENGI…………….……...……………………...2ND PLAINTIFF

VERSUS

THE ATTORNEY GENERAL ……….….…....………………………..1ST DEFENDANT

KENYA POWER & LIGHTINGCOMPANY LIMITED …..….………2ND DEFENDANT

RULING

This suit was instituted in 2015.  The plaintiff’s claim against the defendants jointly and severally is for damages arising from an alleged malicious prosecution.  The plaintiff now seeks for   transfer of this suit from this court to the Chief Magistrates Court at Milimani Commercial Courts for hearing and determination in view of the enhanced jurisdiction of the subordinate court.

The application is not opposed save for costs.

I have considered the application.  Section 18 of the Civil Procedure Act does permit this court to withdraw suit from the High Court and transfer it to another court of competent jurisdiction.  The subordinate court has competent jurisdiction to hear and determine this suit.  In the premise, I  hereby order that  this suit  be and  is hereby withdrawn  from this court   and transferred   to the Chief Magistrate’s  Court at  Milimani, Nairobi for  hearing  and determination.  The file herein to be transmitted to the Chief Magistrate’s Court at Milimani, Nairobi to facilitate expeditious disposal of the suit.

I make no orders   as to costs of the application.

Orders accordingly.

R.E. ABURILI

JUDGE

26/4/2016