[1990] KECA 29 (KLR)
The Court of Appeal found that the appellant's petition was not suitable for summary rejection under section 352(2) of the Criminal Procedure Code. The High Court erred in summarily rejecting the appeal without proper consideration of the merits. The correct procedure required the High Court to examine whether the...
Source-derived case information.
- Citation
- [1990] KECA 29 (KLR)
- Parties
- Appellant: Kariuki; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 75 of 1990
- Procedural Posture
- Criminal Appeal / Appeal From Summary Rejection of First Appeal by High Court
- Outcome
- Appeal allowed. High Court's order set aside. Matter remitted to High Court for determination in accordance with the law.
- Legal Topics
- Appeals Process, Summary Rejection, Criminal Procedure Code, Remittal to High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kariuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Summary Rejection of First Appeal by High Court
Legal Issues
- 1 Whether the High Court erred in summarily rejecting the appellant's first appeal under section 352(2) of the Criminal Procedure Code.
- 2 Whether the appellant's petition was suitable for summary rejection.
Ratio Decidendi
The Court of Appeal found that the appellant's petition was not suitable for summary rejection under section 352(2) of the Criminal Procedure Code. The High Court erred in summarily rejecting the appeal without proper consideration of the merits. The correct procedure required the High Court to examine whether the appeal was manifestly without merit before invoking summary rejection. As this threshold was not met, the summary rejection was improper and the matter must be remitted to the High Court for determination in accordance with the law.
Court Disposition
Appeal allowed. High Court's order set aside. Matter remitted to High Court for determination in accordance with the law.
Orders
- The appeal is allowed.
- The Superior Court’s order dated 11th July, 1989 is set aside.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
crim app 75 of 90
KARIUKI………………………APPELLANT
V
REPUBLIC………………..…….RESPONDENT
JUDGEMENT
This is an appeal against the summary rejection of the appellant’s first appeal to the High Court under section 352 (2) of the Criminal Procedure Code. The appellant’s petition was not for summary rejection.
In the circumstances we allow the appeal, set aside the Superior Court’s order dated the 11th July, 1989 and order that this matter be remitted to the High Court to be dealt with in accordance with the law.