[2017] KEHC 289 (KLR)
The court found that the lower court's proceedings and the order of discharge under Section 87(a) of the Criminal Procedure Code were correct and legal. The discharge did not amount to an acquittal, and the accused remains liable to be re-charged should witnesses become available. The revision application was...
Source-derived case information.
- Citation
- [2017] KEHC 289 (KLR)
- Parties
- Applicant: John Mwangi Lucia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 30 of 2017
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Revision dismissed; lower court order affirmed.
- Judges
- CW Meoli
- Legal Topics
- Criminal Revision, Discharge Under Section 87a, Retrial Possibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mwangi Lucia
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the order of discharge under Section 87(a) of the Criminal Procedure Code was correct and legal.
- 2 Whether such a discharge amounts to an acquittal or allows for re-charging the accused.
Ratio Decidendi
The court found that the lower court's proceedings and the order of discharge under Section 87(a) of the Criminal Procedure Code were correct and legal. The discharge did not amount to an acquittal, and the accused remains liable to be re-charged should witnesses become available. The revision application was therefore dismissed, affirming the lower court's decision.
Court Disposition
Revision dismissed; lower court order affirmed.
Orders
- The order of discharge under Section 87(a) of the Criminal Procedure Code is upheld.
- The accused may be re-charged if witnesses become available.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL REVISION NO. 30 OF 2017
(From original Conviction and Sentence in Criminal Case No. 1137 of 2016 of the Senior Resident Magistrate’s Court at Engineer, G. N. Opakasi - RM)
JOHN MWANGI LUCIA..............................................APPLICANT
-VERSUS-
REPUBLIC.................................................................RESPONDENT
IN CHAMBERS ON 22ND SEPTEMBER, 2017
BEFORE HON. LADY JUSTICE C. MEOLI, J
ORDER ON REVISION
1. Having perused the lower court proceedings which are the subject of the letter by Njihia & Co. Advocates dated 23/8/2017 seeking revision, on behalf of the Complainant, I am satisfied as to the correctness and legality thereof.
2. An order of discharge under Section 87 (a) of the Criminal Procedure Code does not amount to an acquittal at any rate. The Accused is liable to be re-charged once witnesses become available.
Written and signed at Naivasha this 22nd day of September, 2017.
C. MEOLI
JUDGE