[2015] KEHC 3117 (KLR)
The High Court lacks jurisdiction to stay its own judgment in a criminal appeal from a court martial where no appeal has yet been filed and no statutory provision authorizes such a stay. The authorities cited by the prosecution do not support the application, as they concern either revision proceedings or the stay...
Source-derived case information.
- Citation
- [2015] KEHC 3117 (KLR)
- Parties
- Appellant: Lt. Jeffery Okuri Pepela & 25 Others; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 153, 175, 174, 173, 171, 168, 181, 176, 169, 172 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Application for Interim Stay of Judgment Pending Appeal
- Outcome
- Application for interim stay of judgment is rejected.
- Judges
- GO Shikwe
- Legal Topics
- Stay of Judgment, Court Martial Appeals, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lt. Jeffery Okuri Pepela & 25 Others
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Interim Stay of Judgment Pending Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to stay its own judgment in a criminal appeal from a court martial.
- 2 Whether the authorities cited by the prosecution support the application for stay of judgment.
Ratio Decidendi
The High Court lacks jurisdiction to stay its own judgment in a criminal appeal from a court martial where no appeal has yet been filed and no statutory provision authorizes such a stay. The authorities cited by the prosecution do not support the application, as they concern either revision proceedings or the stay of execution by appellate courts, not the stay of a court's own judgment. The prosecution is at liberty to proceed with an appeal, but the application for interim stay is rejected for want of legal basis.
Court Disposition
Application for interim stay of judgment is rejected.
Orders
- Application for interim stay is dismissed.
- Release orders to be promptly signed and issued.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NOS. 153 OF 2014, 17 OF 2015, 175 OF 2014, 174 OF 2014, 173 OF 2014, 8 OF 2015, 9 OF 2015, 10 OF 2015, 2 OF 2015, 3 OF 2015, 4 OF 2015, 5 OF 2015, 6 OF 2015, 7 OF 2015, 168 OF 2014, 171 OF 2014, 181 OF 2014, 176 OF 2014, 13 OF 2015, 169 OF 2014, 172 OF 2014, 18 OF 2015, 19 OF 2015, 21 OF 2015 AND 22 OF 2015
LT. JEFFERY OKURI PEPELA & 25 OTHERS ….....................…..APPELLANT
VERSUS
REPUBLIC ……….…….........................................................…RESPONDENT
(From the Original Conviction and Sentence in the Court Martial Case of Mtongwe Navy Base - Mombasa).
RULING
An application was made by the prosecution for interim stay of the Courts Judgment and decision for a period of fourteen (14) days to allow them proceed with the process of appeal to the Court of Appeal. This application was rejected.
The reason being that I sat on appeal in the Court martial cases and I rendered my Judgment on them. There is no appeal filed on the Judgment yet. There is no provision of the law cited under which I can stay my own Judgment.
The authorities cited by the prosecution are not relevant to this application.
Criminal Revision No. 54 of 2014 Republic -Vs Baktash Akasha and Others was an application by way of a revision. I cannot review my own Judgment in the manner sought.
The supreme court of case Gaitirau Peter Munya Vs Kithinji Dickson Mwenda. Supreme Court was dealing with an application of stay of excecution of the Judgment of the Court of appeal. It was not dealing with stay of its own Judgment.
The prosecution are at liberty to proceed with their appeal if any.
Reasons given this 24th day of August, 2015.
…...................
M. MUYA
JUDGE
24TH AUGUST, 2015
In open Court and in the presence of:-
Mr. Jami.
M. MUYA - JUDGE
Mr. Gikandi: We had gotten the release orders.
Court: Release orders to be promptly signed and issued.
…...................
M. MUYA
JUDGE
24TH AUGUST, 2015