[2017] KEHC 7637 (KLR)
The court found that the discharge of the accused under Section 210 of the Criminal Procedure Code was erroneous because no proceedings as required by that section had been undertaken. The matter was only listed for mention and not for hearing, and thus the legal threshold for discharge was not met. Exercising its...
Source-derived case information.
- Citation
- [2017] KEHC 7637 (KLR)
- Parties
- Applicant: Peter Githua Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1 of 2017
- Procedural Posture
- Criminal Revision / Revision Order
- Outcome
- Order of discharge set aside; matter to proceed afresh before the Chief Magistrate.
- Judges
- HK Chemitei
- Legal Topics
- Criminal Revision, Discharge of Accused, Procedural Irregularity
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Githua Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Revision Order
Legal Issues
- 1 Whether the discharge of the accused under Section 210 of the Criminal Procedure Code was proper in the absence of proceedings as required under that section.
- 2 Whether the order of discharge made on a mention date was legally valid.
Ratio Decidendi
The court found that the discharge of the accused under Section 210 of the Criminal Procedure Code was erroneous because no proceedings as required by that section had been undertaken. The matter was only listed for mention and not for hearing, and thus the legal threshold for discharge was not met. Exercising its revisionary jurisdiction under Sections 362 and 364 of the Criminal Procedure Code, the court set aside the discharge order and directed that the matter proceed afresh before the Chief Magistrate to its logical conclusion.
Court Disposition
Order of discharge set aside; matter to proceed afresh before the Chief Magistrate.
Orders
- The orders of 17/2/2017 discharging the accused are set aside.
- The matter shall proceed afresh to its logical conclusion before the Honourable Chief Magistrate Mr V. Wandera.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CRIMINAL REVISION NO. 1 OF 2017
(From original conviction and sentence in Criminal case No. 1790 of 2016 Chief Magistrate's court Kitale.)
PETER GITHUA KARIUKI …...........................................APPLICANT
VERSUS
REPUBLIC …...............................................................RESPODNENT
REVISON ORDER
Attention has been drawn to me in respect of the ruling by Honourable Biwott dated 17/2/2017 vide the letter of the Director of Criminal Investigations Trans Nzoia one Samuel Wacuma dated 18/2/2017.
I have perused the said letter together with the proceedings of the court. Without going into the merits of the said letter which touches on the case essentially I note that this matter was due for mention on 15/2/2017 as ordered by the Honourable Chief Magistrate. For reason explained by Honourable Biwott in his ruling of 17/2/2017 he discharged the accused pursuant to Section 210 of the Criminal Procedure Code. Clearly this was erroneous for the simple reason that no proceedings as envisaged under that Section had been undertaken. Further the matter was simply for mention and not hearing.
Under the provision of Section 362 and 364 of the Criminal Procedure Code I revise the said orders of 17/2/2017, set them aside and order that the matter do proceed afresh to its logical conclusion before the Honourable Chief Magistrate Mr V. Wandera.
Orders accordingly.
Delivered this 21st day of February 2017.
_______________
H.K. CHEMITEI
JUDGE