[2013] KEHC 1872 (KLR)
The court found that neither Section 347 nor the other cited provisions of the Criminal Procedure Code anticipate an appeal at an interim stage where no order of acquittal or conviction has been entered. The court held that it is in the interest of good order to allow the lower court to complete the trial, after...
Source-derived case information.
- Citation
- [2013] KEHC 1872 (KLR)
- Parties
- Appellant: Jonathan Kazungu Ngowa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 14 of 2013
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Stay of Proceedings and Leave to Appeal Out of Time
- Outcome
- Application dismissed as premature.
- Judges
- CW Meoli
- Legal Topics
- Appeals Out of Time, Stay of Proceedings, Criminal Trial Procedure
- 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
Jonathan Kazungu Ngowa
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Stay of Proceedings and Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to stay of criminal proceedings pending appeal.
- 2 Whether leave should be granted to file an appeal out of time against an interlocutory ruling in a criminal case.
Ratio Decidendi
The court found that neither Section 347 nor the other cited provisions of the Criminal Procedure Code anticipate an appeal at an interim stage where no order of acquittal or conviction has been entered. The court held that it is in the interest of good order to allow the lower court to complete the trial, after which any aggrieved party may approach the High Court. Granting the orders sought would be premature and contrary to the statutory scheme governing criminal appeals.
Court Disposition
Application dismissed as premature.
Orders
- The application for stay of proceedings is dismissed.
- The application for leave to appeal out of time is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
MISCELLANEOUS CRIMINAL APPLICATION NO. 14 OF 2013
JONATHAN KAZUNGU NGOWA …....................APPELLANT
VERSUS
REPUBLIC …......................................................RESPONDENT
REASONS FOR THE RULING GIVEN ON 23RD AUGUST, 2013
The Notice of Motion filed on 20th June, 2013 was brought under Sections 349 and 354(d) of the Criminal Procedure Code.
The applicant argued that the criminal proceedings in Criminal Case no. 180 of 2013 before Shikanda Ag. Senior Resident Magistrate should be stayed pending the hearing of the intended appeal from his ruling of 24th May, 2013. It was also sought that leave be granted to file such appeal out of time. The state opposed the application terming it premature and without legal premise.
Having considered all the arguments and material tendered before me, I was inclined to agree that neither the substantive provision on appeals, Section 347 of the Criminal procedure Code, nor the other sections cited in the Notice of Motion seem to anticipate an appeal at such an interim juncture, especially as no order of acquittal or conviction had been entered.
More importantly, it appeared to me upon looking at the ruling of the learned magistrate that for the sake of good order, it was best to let the Lower Court complete the trial whereupon any aggrieved party or parties can approach the High Court. Thus, I considered that it would have been premature to allow the orders sought.
Reasons read out on this 27th day of September, 2013 in the presence of Miss Mathangani for the State, Applicant's counsel absent.
C. W. Meoli
JUDGE