[2003] KEHC 445 (KLR)
The Court of Appeal found that the orders made by the magistrate and confirmed by the superior court were not proper and should be set aside. The court exercised its appellate jurisdiction to correct the error and ordered that, if the appellant had paid the fine of KShs.1,400/-, that amount must be refunded to him....
Source-derived case information.
- Citation
- [2003] KEHC 445 (KLR)
- Parties
- Appellant: John Ochieng Wagunda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 158 of 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Criminal Appeal, Magistrate Orders, Fine Refund
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ochieng Wagunda
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the orders made by the magistrate and confirmed by the superior court were proper.
- 2 Whether the appellant is entitled to a refund of the fine paid.
Ratio Decidendi
The Court of Appeal found that the orders made by the magistrate and confirmed by the superior court were not proper and should be set aside. The court exercised its appellate jurisdiction to correct the error and ordered that, if the appellant had paid the fine of KShs.1,400/-, that amount must be refunded to him. The decision was based on the principle that an appellate court can set aside erroneous orders and ensure restitution where a party has suffered loss as a result of such orders.
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- The orders made by the magistrate and confirmed by the superior court are set aside.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI
CRIMINAL APPEAL NO. 158 OF 2001
BETWEEN
JOHN OCHIENG WAGUNDA ...............................APPELLANT AND REPUBLIC ..........................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Oguk J) dated 22nd June, 1994 in H.C.Criminal Rev. No. 20 of 1994) *************
Between
John Ochieng Wagunda ................................Appellant And Republic ..........................................Respondent
In Court this 19thday of July, 2002 Before: the Honourable Mr. Justice Omolo, a Judge of Appeal, the Honourable Mr. Justice Tunoi, a Judge of Appeal, and the Honourable Mr. Justice O'Kubasu, a Judge of Appeal,
O R D E R
THIS APPEAL coming up for hearing on the 15th day of July, 2002 AND UPON HEARINGM.O.N. Odero, Esq., Counsel for the appellant and J.N. Nyamosi (Miss), Esq., Counsel for the respondent, when the appeal was stood over for judgment and this appeal coming up for judgment this dayIT IS ORDEREDthat this appeal be and is hereby allowed set aside the orders made by the magistrate and confirmed by the superior court. IT IS FURTHER ORDERED that if the fine of KShs.1,400/- was paid by the appellant that money must be refunded to him. GIVEN under my hand and the Seal of the Court at Nairobi the 19th day of June, 2002.
W. OUKO REGISTRAR Extracted on 19th July, 2002. I certify that this is a true copy of this original. REGISTRAR