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Abdalla Awadh Abubakar v Inspector General of the National Police Service & another [2019] KEHC 212 (KLR)

[2019] KEHC 212 (KLR) High Court of Kenya
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Court
High Court
Case number
212
Citation
[2019] KEHC 212 (KLR)
Decided
19 November 2019
Judge
CA Otieno
Parties
raw · defendants · plaintiffs
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureRespondents' motion to dismiss the applicationCoramP.J.O. Otieno
Holding

The court transfers the case from Nairobi to Kwale Law Courts, finding it more convenient and less prejudicial to the applicant's rights.

Facts

The applicant is charged with criminal offences in Nairobi, but lives in Mombasa. He seeks transfer of the case to a nearby court for convenience and to avoid travel expenses.

Issues

  1. Constitutional rights of the applicant
  2. Convenience and impartiality of the trial

Reasoning

The court finds the transfer expedient for the ends of justice, considering the applicant's constitutional rights and the convenience of the trial location.

Outcome

Application granted

Orders

  • Transfer of the case to Kwale Law Courts

Authorities cited

Legislation (3)
  • Articles 49 and 50(2)g & j of the Constitution of Kenya 2010
  • Sections 66, 72, 77, and 81 of the Criminal Code
  • Article 157(ii) of the Constitution
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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