A Milimani High Court has this morning transferred the case filed by OCS Samson Talaam seeking stop his prosecution to Kibera High court where he was last week charged with the murder of Blogger Albert Ojwang.
In a short ruling, Justice Lawrence Mugambi allowed the application made the DPP to transfer the case to Kibera.
State Counsel Jalson Makori had urged the court to transfer the matter to Kibera on the basis that although the petition was filed on the miscellaneous application when the police were seeking to detain them, the matter has now already been taken over by kibera high court where plea has already been taken.
Justice Mugambi further said the prosecution had told court that the orders in the miscellaneous file are now spent as any further detention or prosecution is now subject to the orders of the high court in Kibera which has concurrent jurisdiction as his court.
He ruled that to avoid any embarrassment issues being raised in the file should be raised in that high court judge Diana Kavedza.
“In my view the argument is sound as proceeding with this petition in its current form will make this court appear to be operating at cross purposes with the high court in Kibera,” he ruled.
He said that the matter is before the high court and the objections in regard to the prosecution or continued detention can be made before that high court.
“Let’s agree that the appropriate forum for trial of this petition is by the judge in Kibera who is already ceased with the matter. I thus direct that the file shall be transfered to Kibera high court for further directions,” he said.
