[2019] KEHC 423 (KLR)
The court held that the admission of exhibit MF1.44 by the trial court is not a proper subject for the exercise of the High Court's revisionary jurisdiction. Intervening at this stage would amount to micro-management of the trial process and fetter the discretion of the trial court. The application for revision was...
Source-derived case information.
- Citation
- [2019] KEHC 423 (KLR)
- Parties
- Applicant: MUKURIA NGAMAU; Applicant: QORANDUM LIMITED; Respondent: THE REPUBLIC
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 46 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Revision of Trial Court Orders
- Outcome
- application dismissed
- Judges
- EM Ngugi
- Legal Topics
- Revision Jurisdiction, Admissibility of Evidence, Trial Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MUKURIA NGAMAU
Applicant
QORANDUM LIMITED
Applicant
THE REPUBLIC
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Revision of Trial Court Orders
Legal Issues
- 1 Whether the High Court should exercise its revisionary jurisdiction to review the trial court's decision admitting exhibit MF1.44 into evidence.
Ratio Decidendi
The court held that the admission of exhibit MF1.44 by the trial court is not a proper subject for the exercise of the High Court's revisionary jurisdiction. Intervening at this stage would amount to micro-management of the trial process and fetter the discretion of the trial court. The application for revision was therefore dismissed, and the trial was ordered to proceed as scheduled.
Court Disposition
application dismissed
Orders
- The application dated 25th November 2019 is dismissed.
- The trial shall proceed on 4th December 2019 as scheduled.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ANTI CORRUPTION AND ECONOMIC CRIMES DIVISION
ACEC MIS. NO 46 OF 2019
MUKURIA NGAMAU
QORANDUM LIMITED.................................APPLICANTS
VS
THE REPUBLIC............................................RESPONDENT
RULING
I had on 26th November 2019 directed the parties hereto to appear before me today for directions. Upon further consideration, I do not deem such appearance necessary. The application is one that seeks revision of orders of the trial court under sections 362, 364 and 367 of the Criminal Procedure Code.
Under these provisions, the powers of the High Court on revision are exercised where a party seeks to challenge the correctness, legality or propriety of a finding or order of the lower court or the regularity of the proceedings before it.
In the present application, the applicant seeks to challenge the admission of a particular exhibit, MF1. 44, into evidence.
In my view, that is not a proper subject for the exercise of powers of revision of this court. It would amount to micro management of the trial and would feter the discretion of the trial court.
I accordingly decline to call for or examine the record of the trial court, and the application dated 25th November 2019 is hereby dismissed. The trial shall proceed on 4th December 2019 as scheduled.
Dated and signed at Nairobi this 28th day of November 2019.
MUMBI NGUGI
JUDGE