[2011] KEHC 95 (KLR)
The court found that the applicant failed to clearly specify the orders he wished the High Court to revise under Sections 362 and 364 of the Criminal Procedure Code. The court further held that any alleged breach of restraining orders issued in HCCC No. 4/2009 should be addressed before the issuing court, not...
Source-derived case information.
- Citation
- [2011] KEHC 95 (KLR)
- Parties
- Applicant: Cyrus Njeru Ireri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 27 of 2011
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Stay of Proceedings
- Outcome
- application dismissed
- Legal Topics
- Revision Jurisdiction, Stay of Proceedings, Breach of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyrus Njeru Ireri
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether the High Court should stay proceedings in Criminal Case No. 1079/2010 pending the determination of HCCC No. 4/2009 involving the same parties and subject matter.
- 2 Whether the alleged breach of restraining orders in HCCC No. 4/2009 justifies interference with the subordinate court's criminal proceedings.
Ratio Decidendi
The court found that the applicant failed to clearly specify the orders he wished the High Court to revise under Sections 362 and 364 of the Criminal Procedure Code. The court further held that any alleged breach of restraining orders issued in HCCC No. 4/2009 should be addressed before the issuing court, not through interference with the criminal proceedings in the subordinate court. As there was no sufficient basis for the High Court to stay or interfere with Criminal Case No. 1079/2010, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for stay of proceedings in Criminal Case No. 1079/2010 is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
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REPUBLIC OF KENYA
HIGH COURT AT EMBU
MISCELLANEOUS CRIMINAL APPLICATION 27 OF 2011
CYRUS NJERU IRERI…….………………………………...………………..………………….APPLICANT
VERSUS
REPUBLIC……………………………………………………………….……………………RESPONDENT
R U L I N G
This matter has been brought by the Applicant under Section 362 and 364(1)(b) of the Criminal Procedure Code for an order staying proceedings in Criminal Case No. 1079/2010 Chief Magistrate’s court Embu, pending the hearing and determination of HCCC No. 4/2009 (Embu) involving the same parties over the same matter.
In the supporting affidavit the Applicant says restraining orders were issued vide Embu HCCC No. 4/2009 which orders have been breached by the Defendant (Njeru S. Kathuri).
The provisions of Section 362 and 364 deal with Revisions in criminal matters pending before the subordinate courts. It is not clear which orders the Applicant wishes this court to visit. And if there are any orders which have been breached then the breach should be addressed accordingly before the issuing court. Otherwise there is basis no for this court’s interference with Criminal Case No. 1079/10 (CM\' court Embu) as per this application.
I dismiss the application.
DATED, SIGNED AND DELIVERED AT EMBU THIS 27th DAY OF OCTOBER 2011.
H.I. ONG’UDI
JUDGE