JM (Mother to Master AB - Minor) v Wesu Sub-County Hospital, Ministry of Health – County Government of Taita Taveta (Civil Case E014 of 2025) [2026] KEMC 326 (KLR)
The bottom line
#A Voi court ruled that a judicial officer who has heard a case must write the judgment themselves—they cannot transfer the file to another court.
What this practically means
#Executive summary
#Key legal issues
#Validity of the subordinate court's transfer of the file
The Ruling of 24th June 2026 transferring the file was set aside because a judicial officer lacks jurisdiction to transfer a file to a court of concurrent jurisdiction.
Exercising supervisory jurisdiction under Article 165(6) of the Constitution, the High Court noted that the judicial officer had heard both parties' cases and admitted their written submissions. Having assumed conduct of the matter to that stage, the officer could not transfer the file onward to a court with concurrent jurisdiction; the transfer was therefore procedurally irregular and void.
Duty to write the judgment
The judicial officer who heard the parties and admitted the written submissions bears the burden of writing the final determination/judgment.
Because the judicial officer had taken the parties' evidence and received their written submissions, responsibility for deciding the matter remained with that officer. The supervisory court directed that the same officer write the final determination, ensuring continuity and that the judge deciding is the judge who heard the case.
Legal principles established
#- A judicial officer who has heard the parties and admitted their written submissions cannot transfer the file to another court of concurrent jurisdiction; the officer who heard the case must write the judgment.
- A judicial officer has no jurisdiction to transfer any file to a court with concurrent jurisdiction.
Court orders
#- 1.The Ruling of 24th June 2026 is set aside
- 2.The Judicial Officer who heard the parties and admitted the written submissions has the burden of writing the final determination/judgment
- Jurisdiction invoked
- Article 165(6) of the Constitution (supervisory jurisdiction over subordinate courts)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "JM (Mother to Master AB - Minor) v Wesu Sub-County Hospital, Ministry of Health – County Government of Taita Taveta (Civil Case E014 of 2025) [2026] KEMC 326 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/326/eng@2026-07-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.