1. By a letter dated 02/07/2026, Hon. M. Wachira, SPM/HOS, Rumuruti Law Courts seeks directions in Rumuruti MCCR E 250 of 2025, Republic v Nathan Jeremiah Nandwah hereinafter, “Nandwah”.
2. The substratum of the matter is that Nandwah was arraigned in Nyahururu Chief Magistrate’s Court Criminal Case No. E568 OF 2025 where he faced charges of Forgery; Making a document without authority and Uttering a false Document without authority purporting it to be genuine. He denied the charges and the matter was set down for hearing.
3. After two witnesses testified, the case was withdrawn pursuant to the provisions of Section 87(a) of the Criminal Procedure Code (CPC). Dissatisfied with the order of the court, Nandwah sought review of the order, an application that was dismissed.
4. Subsequently, he was arraigned at Rumuruti Senior Principal Magistrate’s Court in Criminal Case No.280 of 2025. Upon charges being read during plea taking process he declined to respond as required. His argument was that he has instituted an appeal against the Ruling that was not favourable to him.
5. However, he later agreed to take plea. He denied the charges and after confirming that he had been furnished with documentary evidence to be relied on by the prosecution, the learned prosecution counsel Ms. Anakulo applied to have the matter transferred to Nyahururu Law Courts since witnesses in the matter Hon. Obulutsa and the Court Administrator had been transferred from the station. It was not indicated if Nandwah responded.
6. In accordance with the supervisory powers bestowed by Article 165(6) (7) of the Constitution and Section 362 of the Criminal Procedure Code, I called for the record of the subordinate court to satisfy myself of the propriety of the same.
7. Section 71 of the CPC provides:
71. Ordinary place of inquiry and trial
Subject to the provisions of section 69, and to the powers of transfer conferred by sections 79 and 81, every offence shall ordinarily be tried by a court within the local limits of whose jurisdiction it was committed, or within the local limits of whose jurisdiction the accused was apprehended, or is in custody on a charge for the offence, or has appeared in answer to a summons lawfully issued charging the offence.
81. Power of High Court to change venue
(1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial trial cannot be had in any criminal court subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory trial of the offence; or
(d) that an order under this section will tend to the general convenience of the parties or witnesses; or
(e) that such an order is expedient for the ends of justice or is required by any provision of this Code,
it may order—
(i) that an offence be tried by a court not empowered under the preceding sections of this Part but in other respects competent to try the offence;
(ii) that a particular criminal case or class of cases be transferred from a criminal court subordinate to its authority to any other criminal court of equal or superior jurisdiction;
(iii) that an accused person be committed for trial to itself.
(2) The High Court may act on the report of the lower court, or on the application of a party interested, or on its own initiative.
(3) Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Director of Public Prosecutions , be supported by affidavit.
(4) An accused person making any such application shall give to the Director of Public Prosecutions notice in writing of the application, together with a copy of the grounds on which it is made, and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of notice and the hearing of the application.
(5) When an accused person makes any such application, the High Court may direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecutor.
8. A perusal of the charge-sheet clearly shows that the offences are alleged to have been committed at Nyahururu Township in Nyahururu Sub-County, not Rumuruti. Investigations were conducted by DCI Nyahururu who caused Nandwah to be charged. By the provisions of Section 71 of the CPC, the proceedings should have been instituted at Nyahururu Law courts.
9. In the premises, the transfer of the matter would be expedient. For that reason, in view of discretionary powers bestowed upon this court by statute, I direct that Rumuruti Criminal Case No. E280 of 2025 be and is hereby transferred to Nyahururu Law Courts to be tried by a court of competent jurisdiction, the Chief Magistrate’s Court. Nandwah , the Accused, shall be transferred to Nyahururu Prison forthwith, where he will be held pending further orders.
10. Mention before the Chief Magistrate on 17/08/2026.
11. It is so ordered.
2. The substratum of the matter is that Nandwah was arraigned in Nyahururu Chief Magistrate’s Court Criminal Case No. E568 OF 2025 where he faced charges of Forgery; Making a document without authority and Uttering a false Document without authority purporting it to be genuine. He denied the charges and the matter was set down for hearing.
3. After two witnesses testified, the case was withdrawn pursuant to the provisions of Section 87(a) of the Criminal Procedure Code (CPC). Dissatisfied with the order of the court, Nandwah sought review of the order, an application that was dismissed.
4. Subsequently, he was arraigned at Rumuruti Senior Principal Magistrate’s Court in Criminal Case No.280 of 2025. Upon charges being read during plea taking process he declined to respond as required. His argument was that he has instituted an appeal against the Ruling that was not favourable to him.
5. However, he later agreed to take plea. He denied the charges and after confirming that he had been furnished with documentary evidence to be relied on by the prosecution, the learned prosecution counsel Ms. Anakulo applied to have the matter transferred to Nyahururu Law Courts since witnesses in the matter Hon. Obulutsa and the Court Administrator had been transferred from the station. It was not indicated if Nandwah responded.
6. In accordance with the supervisory powers bestowed by Article 165(6) (7) of the Constitution and Section 362 of the Criminal Procedure Code, I called for the record of the subordinate court to satisfy myself of the propriety of the same.
7. Section 71 of the CPC provides:
71. Ordinary place of inquiry and trial
Subject to the provisions of section 69, and to the powers of transfer conferred by sections 79 and 81, every offence shall ordinarily be tried by a court within the local limits of whose jurisdiction it was committed, or within the local limits of whose jurisdiction the accused was apprehended, or is in custody on a charge for the offence, or has appeared in answer to a summons lawfully issued charging the offence.
81. Power of High Court to change venue
(1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial trial cannot be had in any criminal court subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory trial of the offence; or
(d) that an order under this section will tend to the general convenience of the parties or witnesses; or
(e) that such an order is expedient for the ends of justice or is required by any provision of this Code,
it may order—
(i) that an offence be tried by a court not empowered under the preceding sections of this Part but in other respects competent to try the offence;
(ii) that a particular criminal case or class of cases be transferred from a criminal court subordinate to its authority to any other criminal court of equal or superior jurisdiction;
(iii) that an accused person be committed for trial to itself.
(2) The High Court may act on the report of the lower court, or on the application of a party interested, or on its own initiative.
(3) Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Director of Public Prosecutions , be supported by affidavit.
(4) An accused person making any such application shall give to the Director of Public Prosecutions notice in writing of the application, together with a copy of the grounds on which it is made, and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of notice and the hearing of the application.
(5) When an accused person makes any such application, the High Court may direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecutor.
8. A perusal of the charge-sheet clearly shows that the offences are alleged to have been committed at Nyahururu Township in Nyahururu Sub-County, not Rumuruti. Investigations were conducted by DCI Nyahururu who caused Nandwah to be charged. By the provisions of Section 71 of the CPC, the proceedings should have been instituted at Nyahururu Law courts.
9. In the premises, the transfer of the matter would be expedient. For that reason, in view of discretionary powers bestowed upon this court by statute, I direct that Rumuruti Criminal Case No. E280 of 2025 be and is hereby transferred to Nyahururu Law Courts to be tried by a court of competent jurisdiction, the Chief Magistrate’s Court. Nandwah , the Accused, shall be transferred to Nyahururu Prison forthwith, where he will be held pending further orders.
10. Mention before the Chief Magistrate on 17/08/2026.
11. It is so ordered.