[2016] KEHC 192 (KLR)
The High Court declined to exercise its review jurisdiction because the issues raised by the applicants pertained to the conduct of the ongoing trial and interlocutory rulings by the trial magistrate. Such matters are not appropriate for review at this stage and should first be addressed before the trial court. The...
Source-derived case information.
- Citation
- [2016] KEHC 192 (KLR)
- Parties
- Applicant: Peter Mucheni Linus; Applicant: David Njenga Ngugi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case 69 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application for Review
- Outcome
- application for review declined
- Judges
- JV Juma
- Legal Topics
- Criminal Trial Procedure, Review Jurisdiction, Trial Court Powers
- 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
Peter Mucheni Linus
Applicant
David Njenga Ngugi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review
Legal Issues
- 1 Whether the High Court should review interlocutory rulings made by the trial magistrate during an ongoing criminal trial.
- 2 Whether the applicants should first raise their grievances before the trial court.
Ratio Decidendi
The High Court declined to exercise its review jurisdiction because the issues raised by the applicants pertained to the conduct of the ongoing trial and interlocutory rulings by the trial magistrate. Such matters are not appropriate for review at this stage and should first be addressed before the trial court. The court emphasized that its review powers are not meant to interfere with ongoing proceedings unless exceptional circumstances are demonstrated, which was not the case here.
Court Disposition
application for review declined
Orders
- No orders of review are granted.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
REVISION 69 OF 2016
PETER MUCHENI LINUS........... 1ST APPLICANT
DAVID NJENGA NGUGI ............ 2ND APPLICANT
VERSUS
REPUBLIC ....................................................STATE
ORDERCOURT
I have perused the Application filed in the High Court on 29/11/2016. The applicants are accused persons who are facing trial at the Molo Law Courts vide Molo CMCC No. 1743 of 2014.
The applicants have raised issues touching on the manner in which the trial is being conducted more specifically relating to certain rulings made by the trial magistrate.
These are not matters for review. They are matters which ought in the first instance be raised before the trial court. I therefore decline to make any orders of review.
Dated in Nakuru this 13th day of December, 2016
Maureen A. Odero
Judge