[2008] KEHC 3522 (KLR)
The High Court declined to exercise its revisionary jurisdiction because the trial at the subordinate court was still ongoing and had not reached the stage of sentencing. The court held that revisionary powers are only properly invoked after the trial court has concluded its proceedings, including the passing of...
Source-derived case information.
- Citation
- [2008] KEHC 3522 (KLR)
- Parties
- Applicant: Papa Giovani Skondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 3 of 2008
- Procedural Posture
- Criminal Revision / Sentence Stage; Revision Sought Before Sentencing Complete
- Outcome
- Application for revision declined as premature; matter to proceed before trial magistrate.
- Judges
- CA Ombija
- Legal Topics
- Criminal Revision, Sentencing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Papa Giovani Skondo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Sentence Stage; Revision Sought Before Sentencing Complete
Legal Issues
- 1 Whether the High Court can exercise revisionary jurisdiction under Section 362 of the Criminal Procedure Code before the trial court has passed sentence.
Ratio Decidendi
The High Court declined to exercise its revisionary jurisdiction because the trial at the subordinate court was still ongoing and had not reached the stage of sentencing. The court held that revisionary powers are only properly invoked after the trial court has concluded its proceedings, including the passing of sentence. Therefore, the application for revision was premature and could not be entertained until the subordinate court had completed the matter in accordance with its diary.
Court Disposition
Application for revision declined as premature; matter to proceed before trial magistrate.
Orders
- The learned trial magistrate is ordered to complete the matter in accordance with the court diary.
- A copy of this ruling to be served on the trial magistrate for compliance and the advocate for the accused for information.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI
Criminal Revision 3 of 2008
PAPA GIOVANI SKONDO ………….....……… APPLICANT
VERSUS
REPUBLIC……………..……………………..RESPONDENT
REVISION
By a letter dated 18th February 2008, the learned counsel for the accused asked me, to exercise my jurisdiction under Section 362 of the Criminal Procedure Code.
I called for, and examined, the record in Malindi SPM Criminal Case No. 19 of 2007. Having done so, I regret to note that this matter is at the sentence stage. It is far from being over.
Accordingly, I am unable to undertake revision until such time as the sentence shall have been passed. I order that the learned trial magistrate do complete this matter in accordance with the court diary. A copy of this ruling to be served on the trial magistrate for compliance and the advocate for the accused for information.
DATED and delivered at Malindi this 25th day of February 2008.
N. R. O. Ombija
JUDGE