[2014] KEHC 5935 (KLR)
Upon examination of the lower court record, the High Court found that the proceedings were regular and in accordance with the law. There was no evidence of any error, illegality, or impropriety in the findings, sentence, or orders of the subordinate court. The application for revision was therefore without merit and...
Source-derived case information.
- Citation
- [2014] KEHC 5935 (KLR)
- Parties
- Respondent: Republic; Applicant: Augustus Munyao
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 3 of 2014
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application dismissed
- Judges
- BT Jaden
- Legal Topics
- Obtaining by False Pretences, Criminal Revision, Bail Application, Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Augustus Munyao
Applicant
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the proceedings in the subordinate court were regular, legal, and proper under section 362 of the Criminal Procedure Code.
- 2 Whether there was any error, illegality, or impropriety in the findings or orders of the subordinate court.
Ratio Decidendi
Upon examination of the lower court record, the High Court found that the proceedings were regular and in accordance with the law. There was no evidence of any error, illegality, or impropriety in the findings, sentence, or orders of the subordinate court. The application for revision was therefore without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL REVISION NO. 3 OF 2014
REPUBLIC
VERSUS
AUGUSTUS MUNYALO ……………………..……… APPLICANT
RULING ON REVISION
By a letter dated 18/10/13 the Applicant, Augustus Munyao, moved this court for an order of revision under section 362 and 364of the Criminal Procedure Code.
The Appellant, Augustus Munyalowas charged with the offence of obtaining money by false pretences contrary to section 313of thePenal Code.
The particulars of the offence were that on the 11th day of April 2013 at Kitui bus stage in Kitui County with intent to defraud obtained Kshs.2,000/= from Mercy Watene by falsely pretending that he was in a position to secure her a job at Kitui Governor’s office as a receptionist a fact he knew to be false.
When the Applicant was arraigned in court, he pleaded not guilty and was released on Kshs.10,000/= cash bail on the same date. The case is now pending the hearing of the defence case. The Applicant elected to give sworn evidence and to call a witness.
Matata Advocate came on the record for the Applicant on the date set for the defence case on 15/10/13 and applied for typed copies of the judgment. The Application was allowed and the case fixed for defence hearing on 4/2/14. On 4/2/14, Matata Advocate did not appear before the trial court and the Applicant applied for adjournment. The same was allowed and the case fixed for hearing on 10/4/2014.
Under Section 362 of the Criminal Procedure Code:-
“The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court.”
I have examined and considered the lower court record and I am satisfied as to the regularity of the proceedings. The application has no merit and is dismissed.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 17thday of March 2014.
………………………………………
B. THURANIRA JADEN
JUDGE