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Justice Mweresa told the panel that a Magistrate or Judge has no reason to hear a matter that should be heard elsewhere/Judiciary Media Service

JUDICIARY

Justice Mweresa backs geographical jurisdiction to avert forum shopping

He however noted that a suit can be properly transferred to the proper court, if it was filed in a geographical area it should not have been filed.

NAIROBI, Kenya, Jun 29 — Justice Eboso Benard Mweresa has expressed support for geographical jurisdiction during the ongoing interviews for the position of Court of Appeal Judge.

Justice Mweresa told the panel that a Magistrate or Judge has no reason to hear a matter that should be heard elsewhere.

He said filing of cases outside the geographical jurisdiction partly amounts to an abuse of judicial process since those doing so often seek to engage in forum shopping, a practice by litigants choose magistrates and judges of their choice to secure favorable rulings.

“If a matter arises in a particular geographical area, the magistrate or judge in that area has jurisdiction and that case has to be filed in that geographical area,” he stated.

He however noted that a suit can be properly transferred to the proper court, if it was filed in a geographical area it should not have been filed.

“Geographical jurisdiction is not a bar to transfer a case to the proper court,” he stated.

The Commission began interviewing candidates for the position of six Judges of the Court of Appeal on Monday June 27 and will conclude on July 12, 2022.

Eight  other candidates have already faced the panel since the interviews commenced.

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