[2017] KEHC 8322 (KLR)

[2017] KEHC 8322 (KLR)

The court held that although the petitioner's first appeal was heard by a bench that included a judge appointed to a specialised court (and thus not properly constituted for criminal appeals), the petitioner failed to raise this jurisdictional issue at either the High Court or the Court of Appeal. The court found...

Source-derived case information.

Citation
[2017] KEHC 8322 (KLR)
Parties
Appellant: David Muchiri Gakuya; Respondent: Republic
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
13 January 2017
Case Number
Petition 8 of 2015
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition dismissed
Legal Topics
Jurisdiction of High Court, New and Compelling Evidence, Right to Fair Trial, Appeals Process, Specialised Courts Jurisdiction
Source Language
english
Criminal Law Constitutional Law Jurisdiction of High Court New and Compelling Evidence Right to Fair Trial Appeals Process Specialised Courts Jurisdiction

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Summary, issues, holding and outcome

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Parties

David Muchiri Gakuya

Appellant

Republic

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the High Court bench that heard the petitioner's first appeal was properly constituted given the appointment of one judge to a specialised court.
  2. 2 Whether the issue of jurisdiction constitutes new and compelling evidence under Article 50(6) of the Constitution.
  3. 3 Whether the High Court can rehear an appeal already determined by the Court of Appeal.

Ratio Decidendi

The court held that although the petitioner's first appeal was heard by a bench that included a judge appointed to a specialised court (and thus not properly constituted for criminal appeals), the petitioner failed to raise this jurisdictional issue at either the High Court or the Court of Appeal. The court found that the issue of jurisdiction is a question of law, not new and compelling evidence as required by Article 50(6) of the Constitution. Furthermore, the High Court is functus officio and lacks jurisdiction to rehear an appeal already determined by the Court of Appeal unless so directed by that court. The petitioner's attempt to have the High Court rehear his appeal was therefore...

Court Disposition

petition dismissed

Orders

  • The petition is dismissed.