In today’s court news, A judge at the Makadara High Court has instructed the deputy registrar of the Judiciary to obtain records of proceedings from the JKIA Law Courts in relation to a miscellaneous case involving the murder of Hon. Were.
The directive follows a formal complaint filed by the legal team representing Ebel Ochieng, challenging a ruling made by Magistrate Gichobi. Ochieng’s lawyers argue that the magistrate lacked the territorial jurisdiction to preside over the matter.
In his complaint, Ebel Ochieng contends that Magistrate Gichobi misinterpreted the law by asserting she had jurisdiction to hear the application. He had previously filed a motion to have the case transferred to the Kibera Law Courts, maintaining that the alleged crime took place near the City Mortuary roundabout; an area falling under Kibera’s jurisdiction.
Ochieng further stated that his arraignment at the JKIA Law Courts was unwarranted, terming it an act of forum shopping and an abuse of the legal process. He insists that legal procedures must be followed as outlined in the relevant statutes.
Through his legal team, led by advocate Danstan Omari, Ochieng petitioned the High Court to intervene urgently, citing the potential prejudice he faces if proceedings continue at JKIA. He asked the court to stay the current proceedings, review the case file, and determine whether the magistrate’s decision to retain the case was legally sound.
Ochieng is also seeking to have Magistrate Gichobi’s ruling on territorial jurisdiction overturned and the case officially transferred to the Kibera Law Courts.
