[2013] KEHC 3049 (KLR)
Upon perusal of the record of the proceedings before the trial court, the High Court found no irregularity or fault with the correctness or propriety of the finding made therein. Consequently, the court declined to reverse the finding of the trial court, holding that there was no legal basis for interference under...
Source-derived case information.
- Citation
- [2013] KEHC 3049 (KLR)
- Parties
- Applicant: Republic; Respondent: Jane Njeri Kabiru
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 4 of 2013
- Procedural Posture
- Criminal Revision / Determination of Revision Application
- Outcome
- Revision declined; trial court's finding upheld.
- Legal Topics
- Criminal Revision, Trial Irregularities, Propriety of Finding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jane Njeri Kabiru
Respondent
Procedural Posture
Criminal Revision / Determination of Revision Application
Legal Issues
- 1 Whether there was any irregularity or impropriety in the proceedings or finding of the trial court in Mukurweini Principal Magistrate's Criminal Case No. 375 of 2012.
Ratio Decidendi
Upon perusal of the record of the proceedings before the trial court, the High Court found no irregularity or fault with the correctness or propriety of the finding made therein. Consequently, the court declined to reverse the finding of the trial court, holding that there was no legal basis for interference under the revisionary jurisdiction conferred by section 362 of the Criminal Procedure Code.
Court Disposition
Revision declined; trial court's finding upheld.
Orders
- The finding by the trial court is not reversed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL REVISION CASE NO.4 OF 2013
REPUBLIC……………………………………......……………..APPLICANT
versus
JANE NJERI KABIRU................... ………………………..RESPONDENT
REVISION
1. This matter has been referred to this court under the provisions of section 362 of the Criminal Procedure and arising out of a complaint by the complainant in MUKURWEINI PRINCIPAL MAGISTRATE'S CRIMINAL CASE NO. 375 OF 2012.
I have perused the record of the proceedings before the trial court herein and I find no irregularity therein neither do I find any fault with the correctness or propriety of the finding made therein.
I therefore decline to reverse the finding by the trial court herein.
Dated at Nyeri this 24th day of July 2013.
J. WAKIAGA
JUDGE