[2024] KEHC 7118 (KLR)
The High Court found that the trial magistrate's order dated 8-2-2024 contained an error that warranted intervention under its revisionary jurisdiction. The court determined that the interests of justice required the setting aside of the impugned order and the reinstatement of the criminal case for hearing. The...
Source-derived case information.
- Citation
- [2024] KEHC 7118 (KLR)
- Parties
- Applicant: Ayub Mbudi Oyembo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E003 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Subordinate Court Order
- Outcome
- Application for revision allowed; trial magistrate's order set aside; case reinstated for hearing.
- Judges
- DO Ogembo
- Legal Topics
- Revisionary Jurisdiction, Withdrawal of Charges, Powers of High Court
- 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
Ayub Mbudi Oyembo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Subordinate Court Order
Legal Issues
- 1 Whether the trial magistrate's order dated 8-2-2024 contained an error, illegality or impropriety warranting revision by the High Court.
- 2 Whether the case should be reinstated for hearing after the prosecution sought withdrawal under Section 87(a) of the Criminal Procedure Code.
Ratio Decidendi
The High Court found that the trial magistrate's order dated 8-2-2024 contained an error that warranted intervention under its revisionary jurisdiction. The court determined that the interests of justice required the setting aside of the impugned order and the reinstatement of the criminal case for hearing. The court exercised its powers under Section 362 of the Criminal Procedure Code to revise and set aside the subordinate court's order, directing that the matter be mentioned before the trial court for fixing of a hearing date and further necessary orders.
Court Disposition
Application for revision allowed; trial magistrate's order set aside; case reinstated for hearing.
Orders
- The orders issued by Hon. J.P. Mkala on 8/2/2024 are revised and set aside.
- The case is reinstated for hearing.
Full Case Text
Judgment text and source record
21 paragraphs
Oyembo v Republic (Criminal Revision E003 of 2024) [2024] KEHC 7118 (KLR) (27 February 2024) (Ruling)
Neutral citation: [2024] KEHC 7118 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E003 of 2024
DO Ogembo, J
February 27, 2024
Between
Ayub Mbudi Oyembo
Applicant
and
Republic
Respondent
(Being an application for revision from Orders of Hon. J.P. Mkala, Resident Magistrate, dated 8/2/2024 in Siaya Chief Magistrate’s court, Criminal Case No. E859 of 2021)
Ruling
1. I have considered this matter and the letter of the trial magistrate dated 9-2-2024. I have also considered the circumstances of this case and the nature of the charges as shown on the charge sheet. I have further considered the fact that the Prosecution had asked for a withdrawal of this case under Section 87(a) of the CPC.
2. Section 362 of the Criminal Procedure Code, guarantees the powers of revision to this court in cases where there is an error, illegality or an impropriety in any orders or findings of a subordinate court.
3. I am convinced that there is an error in the order that the trial magistrate made in this matter on 8-2-2024 and that it would be in the interest of justice for this court to exercise its revisionary powers.
4. I accordingly revise and set aside the orders issued by the Hon. J.P. Mkala on 8/2/2024. I order that this case be reinstated for hearing. I order that this case be mentioned before the trial court on 28-2-2024 for fixing of a hearing date and for further necessary orders.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF FEBRUARY, 2024. D.O. OGEMBOJUDGE27. 2.2024