[2018] KEHC 6174 (KLR)

[2018] KEHC 6174 (KLR)

The High Court found that the trial magistrate misapplied section 202 of the Criminal Procedure Code by dismissing the charge for non-attendance of the prosecution and complainant after the prosecution had already closed its case and the matter was at the defence stage. The court held that the prosecution and the victim had a legitimate expectation to have the defence heard and the case determined on its merits. The dismissal order ignored the evidence already adduced and violated the principles of fair trial, equality of arms, and the victim's rights. The High Court exercised its revisionary jurisdiction to quash the dismissal order, holding that the trial court's action amounted to a...

Citation
[2018] KEHC 6174 (KLR)
Parties
Applicant: Director of Public Prosecutions; Respondent: Stephen Lesinko
Court
High Court
Court Station
High Court at Kajiado
Jurisdiction
Kenya
Judgment Date
4 June 2018
Case Number
Criminal Revision 9 of 2018
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Trial Court's Dismissal Order
Outcome
Application allowed; trial court's dismissal order quashed; case reinstated and transferred for continuation before a different magistrate.
Legal Topics
Revisionary Jurisdiction, Acquittal and Discharge, Victims Rights, Fair Trial, Equality of Arms
Source Language
English
Criminal Law Civil Procedure Revisionary Jurisdiction Acquittal and Discharge Victims Rights Fair Trial Equality of Arms

Case Brief

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Parties

Director of Public Prosecutions

Applicant

Stephen Lesinko

Respondent

Procedural Posture

Criminal Revision / Ruling on Application for Revision of Trial Court's Dismissal Order

Legal Issues

  1. 1 Whether the High Court has jurisdiction to revise the trial court's order dismissing the charge under section 202 of the Criminal Procedure Code.
  2. 2 Whether the trial court's dismissal of the charge violated the principle of equality of arms and the victim's rights.
  3. 3 Whether section 202 of the Criminal Procedure Code was properly invoked to dismiss the charge after the prosecution had closed its case and the defence hearing was scheduled.

Ratio Decidendi

The High Court found that the trial magistrate misapplied section 202 of the Criminal Procedure Code by dismissing the charge for non-attendance of the prosecution and complainant after the prosecution had already closed its case and the matter was at the defence stage. The court held that the prosecution and the victim had a legitimate expectation to have the defence heard and the case determined on its merits. The dismissal order ignored the evidence already adduced and violated the principles of fair trial, equality of arms, and the victim's rights. The High Court exercised its revisionary jurisdiction to quash the dismissal order, holding that the trial court's action amounted to a...

Court Disposition

Application allowed; trial court's dismissal order quashed; case reinstated and transferred for continuation before a different magistrate.

Orders

  • The dismissal order of 9th March 2018 is quashed and set aside.
  • Criminal Case No. 22 of 2016 is reinstated and transferred to another court as allocated by the Chief Magistrate.