[2007] KEHC 2551 (KLR)
The High Court lacks jurisdiction to substitute an order of acquittal by way of revision under Section 364 of the Criminal Procedure Code. The proper recourse for the prosecution, if aggrieved by an acquittal, is to file an appeal rather than seek revision. The court, therefore, declined to exercise revisionary...
Source-derived case information.
- Citation
- [2007] KEHC 2551 (KLR)
- Parties
- Applicant: Republic; Respondent: David Kamau Shivedi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 52 of 2007
- Procedural Posture
- Criminal Revision / Judgment on Revision
- Outcome
- Revision declined; prosecution advised to consider appeal.
- Judges
- FI Koome
- Legal Topics
- Criminal Revision, Acquittal Orders, Powers of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Kamau Shivedi
Respondent
Procedural Posture
Criminal Revision / Judgment on Revision
Legal Issues
- 1 Whether the High Court can substitute an order of acquittal through revision under Section 364 of the Criminal Procedure Code.
Ratio Decidendi
The High Court lacks jurisdiction to substitute an order of acquittal by way of revision under Section 364 of the Criminal Procedure Code. The proper recourse for the prosecution, if aggrieved by an acquittal, is to file an appeal rather than seek revision. The court, therefore, declined to exercise revisionary powers and directed the prosecution to consider an appeal.
Court Disposition
Revision declined; prosecution advised to consider appeal.
Orders
- The prosecution may consider an appeal and not a revision.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Criminal Revision 52 of 2007
REPUBLIC ……………………………………………… PROSECUTOR
VERSUS
DAVID KAMAU SHIVEDI …………………………………. ACCUSED
JUDGMENT ON REVISION
I refer to a letter dated 15th May, 2007 by the Assistant Deputy Prosecutor Mr. P.M. Gumo. He has requested for the exercise of this court’s powers under Sections 362 and 364 of the C.P.C. in regard to an order made by Hon. J. Thuita (PM) on 20th April, 2007 whereby the court acquitted the accused person in Criminal Case No.1694 of 2006.
In view of the order of acquittal which this court cannot substitute under the provisions of Section 364 of the CPC, I hereby direct that the prosecution may consider an appeal and not a revision.
M. KOOME
JUDGE
16/5/2007