[2017] KEHC 3842 (KLR)
The High Court declined to exercise its revisionary jurisdiction because the applicant's grievance related to the merits of the trial court's finding and order, which are matters properly addressed through an appeal rather than revision. The court found that the trial court's order was made in accordance with...
Source-derived case information.
- Citation
- [2017] KEHC 3842 (KLR)
- Parties
- Plaintiff: David Mogaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 119 of 2017
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- Revision declined.
- Judges
- MM Kasango
- Legal Topics
- Unlawful Wounding, Insanity Defence, Criminal Revision, Presidential Pleasure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Mogaka
Plaintiff
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the High Court should exercise its revisionary jurisdiction under section 362 of the Criminal Procedure Code to revise the order of the trial court holding the applicant at the pleasure of the president.
- 2 Whether the applicant should pursue an appeal rather than revision.
Ratio Decidendi
The High Court declined to exercise its revisionary jurisdiction because the applicant's grievance related to the merits of the trial court's finding and order, which are matters properly addressed through an appeal rather than revision. The court found that the trial court's order was made in accordance with section 166(2) of the Criminal Procedure Code, and that there was no error, illegality, or impropriety justifying revision under section 362. The applicant was advised to pursue an appeal if dissatisfied with the trial court's decision.
Court Disposition
Revision declined.
Orders
- The application for revision is declined.
- The applicant may file an appeal if dissatisfied with the trial court's finding.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO. 119 OF 2017
DAVID MOGAKA...............................PLAINTIFF
VERSUS
REPUBLIC..................................RESPONDENT
(BEING A REVISION OF ORDER OF 13TH JUNE 2017 IN THE NANYUKI CHIEF MAGISTRATE’S COURT CRIMINAL CASE NO. 4 OF 2014 BY HON. W. J. GICHIMU)
RULING ON REVISION
1. David Mogaka was found guilty but insane of unlawful wounding contrary to section 237(a) of the Penal Code. The trial court ordered that he be held at the pleasure of the president as provided under section 166(2) of the Criminal Procedure Code.
2. Mogaka has requested this court to exercise its jurisdiction under section 362 of the Criminal Procedure Code and revised that order.
3. I have perused the lower court’s record and I have formed the view that the matter is not suitable for revision by this court. Mogaka should, if dissatisfied with the finding of the trial court, file an appeal against the same. Accordingly revision is declined.
DATED AT NANYUKI THIS 2ND DAY OF AUGUST 2017
MARY KASANGO
JUDGE