[2019] KEHC 11536 (KLR)
The court held that the applicant had wrongly invoked the revisionary jurisdiction of the High Court under Sections 362 and 364 of the Criminal Procedure Code. The proper remedy for challenging the trial court's termination of criminal proceedings under Section 210 was to file an appeal, not a revision. The court...
Source-derived case information.
- Citation
- [2019] KEHC 11536 (KLR)
- Parties
- Applicant: Republic (Nairobi County Government); Respondent: Alex Mathenge Muthui; Respondent: Edward Kabui Mwaniki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 107 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Trial Court Decision
- Outcome
- application dismissed
- Judges
- LK Kimaru
- Legal Topics
- Criminal Revision Jurisdiction, Termination of Proceedings, Appeal Vs Revision, Failure to Avail Witnesses
- 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
Republic (Nairobi County Government)
Applicant
Alex Mathenge Muthui
Respondent
Edward Kabui Mwaniki
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Trial Court Decision
Legal Issues
- 1 Whether the High Court has jurisdiction to revise the trial court's decision terminating criminal proceedings under Section 210 of the Criminal Procedure Code.
- 2 Whether the applicant's remedy lies in revision or appeal against the trial court's order.
Ratio Decidendi
The court held that the applicant had wrongly invoked the revisionary jurisdiction of the High Court under Sections 362 and 364 of the Criminal Procedure Code. The proper remedy for challenging the trial court's termination of criminal proceedings under Section 210 was to file an appeal, not a revision. The court relied on its earlier decision in Nairobi High Court Criminal Revision No.106 of 2019, which addressed identical issues and clarified that revision is not available where an appeal lies. Consequently, the application for revision was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The applicant's application for revision is dismissed for lack of merit.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.107 OF 2019
REPUBLIC..................................................................................APPLICANT
VERSUS
ALEX MATHENGE MUTHUI.....................................1STRESPONDENT
EDWARD KABUI MWANIKI......................................2NDRESPONDENT
RULING
The Applicant, the Nairobi County Government, through the Republic was aggrieved by the decision of the trial court in Nairobi Chief Magistrate’s Court Criminal Case16890 of 2018 (City Court) Republic -vs- Alex Mathenge Muthui and Edward Kabui Mwaniki. The decision made on 26th March 2019 terminated the criminal proceedings against the Respondents under Section 210 of the Criminal Procedure Code after the Applicant had apparently failed to avail witnesses on the day the trial had been scheduled for hearing. The Applicant moved this court pursuant to the provisions of Article 165(6) & (7)of the Constitution and Sections 362 & 364 of the Criminal Procedure Code seeking to have that decision revised by this court. The grounds in support of the application are stated on the face of the application. It is supported by the affidavit of Johnstone Muyuka, the County Prosecutor for Nairobi County Government. The application was opposed by the Respondents.
Mr. Muyuka, counsel for the Applicant and Mr. Nyachio counsel for the Respondent agreed that the Ruling made in Nairobi High Court Revision No.106 of 2019 Republic vs Nahashon Mathenge Wahome & Charles Wanjau Kanyiwould apply in this application. This court having ruled in the above application that the Applicant wrongly invoked the jurisdiction of this court under Section 362 and Section 364 of the Criminal Procedure Code, and further that the Applicant’s remedy lay in filing an appeal to this court, this court therefore dismisses the Applicant’s application for lack of merit. The reasons for dismissal are well articulated in Nairobi High Court Criminal Revision No.106 of 2019. It is so ordered.
DATED AT NAIROBI THIS 4TH DAY OF JULY 2019
L. KIMARU
JUDGE