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Michael Kipchirir Cheboi & Moses Kiptoo Cheboi v Republic (Criminal Application 138 of 2004) [2004] KEHC 679 (KLR) (3 December 2004)

[2004] KEHC 679 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
679
Citation
[2004] KEHC 679 (KLR)
Decided
3 December 2004
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal ApplicationPostureApplication to transfer criminal case from Nakuru to EldoretCoramL. KIMARU, AG. JUDGE
Holding

The application has merit and the case should be transferred to Eldoret for hearing

Facts

The applicants were charged with robbery with violence in Nakuru, but the alleged offence was within the jurisdiction of the Chief Magistrate's Court at Eldoret as per Gazette Notice No. 7931.

Issues

  1. Whether the criminal case should be heard in Eldoret
  2. Jurisdiction of the Chief Magistrate's Court at Eldoret

Reasoning

The court found that the alleged offence was committed within the jurisdiction of the Chief Magistrate's Court at Eldoret as per the Gazette Notice, and thus the case should be transferred.

Outcome

The Criminal Case facing the applicants will be heard and determined at Eldoret

Orders

  • The Criminal Case facing the applicants will be transferred to Eldoret

Authorities cited

Legislation (2)
  • Penal Code
  • Gazette Notice No. 7931
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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