[2020] KEHC 2452 (KLR)
The High Court found that since there was no charge sheet in Misc. Cr. E009/2020, there was no basis for the continued proceedings or for making any revisionary orders in that file. The applicant has since been properly charged with manslaughter in Siaya Cr. Case No. 562/2020, and the trial court has issued...
Source-derived case information.
- Citation
- [2020] KEHC 2452 (KLR)
- Parties
- Applicant: EO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 74 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision
- Outcome
- application dismissed; file closed
- Judges
- RE Aburili
- Legal Topics
- Pretrial Detention, Mental Assessment, Manslaughter Charge
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
EO
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision
Legal Issues
- 1 Whether the absence of a charge sheet in Misc. Cr. E009/2020 invalidates the continued detention or proceedings against the applicant.
- 2 Whether any revisionary orders are warranted given subsequent proper charging of the applicant in a different case.
Ratio Decidendi
The High Court found that since there was no charge sheet in Misc. Cr. E009/2020, there was no basis for the continued proceedings or for making any revisionary orders in that file. The applicant has since been properly charged with manslaughter in Siaya Cr. Case No. 562/2020, and the trial court has issued appropriate orders, including committal for mental health treatment, within its jurisdiction. Therefore, there is no cause for further intervention or revision by the High Court in respect of the earlier miscellaneous file, which is now ordered closed.
Court Disposition
application dismissed; file closed
Orders
- This file is hereby closed.
- No revision orders are issued.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 74 OF 2020
EO..................................................................APPLICANT
VERSUS
REPUBLIC..............................................RESPONDENT
(Being an Application for Revision vide orders made on 9/10/2020 at Siaya Principal Magistrate’s Court, delivered by Hon. M. Mwangi, RM IN E009/2020)
RULING
1. The file subject of revision is Siaya PM Misc. Cr. E009 of 2020 between Republic Vs EOO.
2. In that matter, there is no charge sheet or holding charge. The Investigating officer only sought for orders to hold the suspect for more days to enable investigations into the alleged offence to be completed.
3. The trial magistrate then ordered for a mental assessment on the uspect and the report from the Psychiatrist dated 8/10/2020 at Kakamega County Hospital shows that the suspect is unfit to take plea. The court handling the matter was not given the benefit of knowing the exact charge that the suspect was to be arraigned for.
4. I have called for Siaya Cr. Case No. 562/2020 which was opened on 12/10/2020. It has a charge sheet where the suspect EO was charged with the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
5. The trial magistrate was presented with the same Mental Assessment Report dated 8/10/2020 showing that the accused is unfit to take plea and she ordered that he be committed to Mathare Mental Hospital for treatment. The matter shall be mentioned on 31/12/2020.
6. That being the case, and as there was no charge sheet in this matter of E009/2020, I find no reason to make any revision orders as the accused has now been properly charged before court and appropriate orders issued with jurisdiction.
7. I hereby order this file closed.
8. Orders accordingly.
Dated, signed and Delivered at Siaya this 14th day of October 2020
R.E. ABURILI
JUDGE