[2010] KEHC 1611 (KLR)
The court held that, having already dismissed the applications for leave to appeal out of time, it lacked jurisdiction under Section 364 of the Criminal Procedure Code or any other law to revise its own order of dismissal. The applicant's request for revision was therefore not tenable, and the application was...
Source-derived case information.
- Citation
- [2010] KEHC 1611 (KLR)
- Parties
- Applicant: Patrick Leshore; Respondent: Moses Karanja Machaira; Respondent: Jeniffer Malito Lekisaat; Respondent: Nyaweka Mucheka
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 343 of 2010
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Order Dismissing Leave to Appeal Out of Time
- Outcome
- application dismissed
- Legal Topics
- Revision Jurisdiction, Leave to Appeal Out of Time, Acquittal, Powers of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Leshore
Applicant
Moses Karanja Machaira
Respondent
Jeniffer Malito Lekisaat
Respondent
Nyaweka Mucheka
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Order Dismissing Leave to Appeal Out of Time
Legal Issues
- 1 Whether the High Court has jurisdiction under Section 364 of the Criminal Procedure Code to revise its own order dismissing an application for leave to appeal out of time.
- 2 Whether the applicant is entitled to revision of the order dismissing the application for leave to appeal out of time.
Ratio Decidendi
The court held that, having already dismissed the applications for leave to appeal out of time, it lacked jurisdiction under Section 364 of the Criminal Procedure Code or any other law to revise its own order of dismissal. The applicant's request for revision was therefore not tenable, and the application was dismissed for want of jurisdiction.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Revision 343 of 2010
PATRICK LESHORE.............................................APPLICANT
VERSUS
MOSES KARANJA MACHAIRA................1ST RESPONDENT
JENIFFER MALITO LEKISAAT..............2ND RESPONDENT
NYAWEKA MUCHEKA..............................3RD RESPONDENT
RULING
Applicant was the complainant in Criminal Case No. 258 of 2006 at the Senior Resident Magistrate’s court at Maralal in which the respondents were charged with conspiracy to murder contrary to Section 393 of the Penal Code.After hearing the case the trial court found that the respondents had no case to answer and acquitted them under Section 210 of the Criminal Procedure Code.
The state applied in High Court Misc. Appl. Nos. 96, 97 and 98 of 2009 for leave to appeal out of time.The application was seriously contested.I dismissed it after hearing it inter-partes.
The applicant has now applied for the revision of my order under Section 364 of the Criminal Procedure Code.
Having dismissed the applications for leave to appeal out of time I have no powers under Section 364 of the Criminal Procedure Code or any other law to revise my order of dismissal.In the circumstances, much as I understand the applicant’s complaint and sympathise with him, I have no choice but to dismiss this application which I hereby do.
DATED and DELIVERED this 28th day of July, 2010.
D. K. MARAGA
JUDGE.