[2021] KEHC 1893 (KLR)
Upon review of the subordinate court files, the High Court found that all referenced criminal cases had already been withdrawn or terminated, either under Section 87(a) of the Criminal Procedure Code or by nolle prosequi. No case remained pending before the trial court. Therefore, the request for revision was...
Source-derived case information.
- Citation
- [2021] KEHC 1893 (KLR)
- Parties
- Applicant: Miriam Achwal Nyende; Applicant: Yunia Obiero Kangu; Applicant: Isaac Natse Musundi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E087 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application dismissed as moot; file closed.
- Judges
- RE Aburili
- Legal Topics
- Withdrawal of Charges, Revision Jurisdiction, Nolle Prosequi, Criminal Procedure Code Section 87a
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriam Achwal Nyende
Applicant
Yunia Obiero Kangu
Applicant
Isaac Natse Musundi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court should revise the trial court's refusal to withdraw charges after compensation to the complainant.
- 2 Whether any criminal case remains pending for revision or further directions.
Ratio Decidendi
Upon review of the subordinate court files, the High Court found that all referenced criminal cases had already been withdrawn or terminated, either under Section 87(a) of the Criminal Procedure Code or by nolle prosequi. No case remained pending before the trial court. Therefore, the request for revision was rendered moot and overtaken by events, as there was no subsisting order or proceeding requiring intervention or revision by the High Court. The file was accordingly closed.
Court Disposition
Application dismissed as moot; file closed.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E087 OF 2021
CORAM: R.E. ABURILI, J
MIRIAM ACHWAL NYENDE......................................1ST APPLICANT
YUNIA OBIERO KANGU............................................2ND APPLICANT
ISAAC NATSE MUSUNDI...........................................3RD APPLICANT
VERSUS
REPUBLIC.........................................................................RESPONDENT
(Being an Application seeking revision of sentence in Siaya Senior Principal Magistrates’ Court in Criminal Case No. 129 of 2021, E604 of 2021 and 557 of 2021 on 01. 09. 2021 by Hon. J.O. Ong’ondo, Senior Principal Magistrate)
RULING
1. This revision matter was filed on 16/9/2021 and availed to my chambers on 20/9/2021. By letter dated 6/9/2021 received into court on 16/9/2021, the complainants and accused in various criminal cases Nos Siaya PM Cr. Case No. 129/2021, Cr. E604/2021 and Cr. 557/2021 claim that the trial magistrate Hon. J. Ong’ondo, Senior Principal Magistrate, had rejected their application through the Prosecution to have the charges of obtaining money by false pretences facing the accused persons Yubia Obiero Kangu, Isaac Natse Musundi and Vincent Shatuma Natse dropped or withdrawn, on account that the Complainant Miriam Achwal Nyende had been paid - compensated by the accused person hence she did not wish to continue with the cases against the accused persons.
2. I called for the files in issue as contemplated in Article 165(6) and (7) of the Constitution. It is until today that the files in issue have been availed to this court long after the request.
3. I have nonetheless perused all the files in which the Complainant claims that the court refused to have the charges withdrawn. I notice that Hon. Ong’ondo, Senior Principal Magistrate was only dealing with Criminal Case No. 129/2021and Criminal Case No. E604/2021 which was later withdrawn on 28/9/2021 under Section 87(a) of the Criminal Procedure Code. Thereafter, Hon. Ong’ondo was transferred from this station. The matter was taken before Hon. Lester Simiyu, Principal Magistrate when it was withdrawn and the accused discharged.
4. Criminal Case No. E557/2021on the other hand was terminated vide a Nolle prosequi dated 30/9/2021 entered on 30/9/2021 before Hon. Lester Simiyu, Principal Magistrate.
5. Similarly, Criminal Case No. E604was terminated vide a withdrawal under Section 87(a) of the Criminal Procedure Code on 1/9/2021.
6. Criminal Case No. E557/2021was equally withdrawn under Section 87(a) of the Criminal Procedure Code after it was consolidated with Cr. E604/2021.
7. It follows that no file is pending hearing and consideration by the trial court for this court to give any directions. The request for revision is overtaken by events.
8. Accordingly, this file is hereby closed.
Dated, signed and delivered at Siaya, this 18th Day of November 2021
R.E. ABURILI
JUDGE