[2015] KEHC 2529 (KLR)
The High Court found that the Investigating Officer had provided a valid and reasonable explanation for his actions and was not the subject of the warrant of arrest. There was no evidence of contempt on his part. The trial court's exercise of judicial discretion in imposing a fine was not justified in the...
Source-derived case information.
- Citation
- [2015] KEHC 2529 (KLR)
- Parties
- Applicant: Francis Maina Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case 42 of 2015
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- fine set aside; application for revision allowed
- Judges
- JV Juma
- Legal Topics
- Judicial Discretion, Contempt of Court, Review of Magistrate Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Maina Njoroge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the fine imposed on the Investigating Officer by the trial court was warranted.
- 2 Whether the Investigating Officer was in contempt of court.
Ratio Decidendi
The High Court found that the Investigating Officer had provided a valid and reasonable explanation for his actions and was not the subject of the warrant of arrest. There was no evidence of contempt on his part. The trial court's exercise of judicial discretion in imposing a fine was not justified in the circumstances. Accordingly, the High Court set aside the fine imposed on the Investigating Officer, holding that the order was unwarranted and not supported by the facts or the law.
Court Disposition
fine set aside; application for revision allowed
Orders
- The fine of Kshs.5,000/- imposed on the Investigating Officer is set aside.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
REVISION NO. 42 OF 2015
FRANCIS MAINA NJOROGE....................................APPLICANT
VERSUS
REPUBLIC.................................................................RESPONDENT
REVISION ORDER
The High Court has been requested by way of a letter dated 19/1/2015 to review the orders of Hon. Kelly, Resident Magistrate, made on 19/1/2015. On that date the trial court fined the Investigating Officer Kshs.5,000/- in default one (1) month in prison.
I have carefully perused the proceedings. I find that the Investigating Officer gave a valid and reasonable explanation of how he came to take over the police file from PC Odada on 23/12/2014. The warrant of arrest was issued as against PC Odada and not PC Odhiambo. The said PC Odada is said to have left to attend a course in Kiganjo. The Investigating Officer was in court with the file and exhibits ready for facts to be taken. There cannot be said to have been any contempt on his part.
Judicial discretion must be exercised judiciously not capriciously. I therefore review the orders of the trial court. I set aside the fine of Kshs.5,000/- imposed on the Investigating Officer as the same was not warranted at all.
MAUREEN A. ODERO
JUDGE
19/1/2015