[2006] KEHC 1214 (KLR)
The court found that there was reasonable cause to call for the file and hear the parties on the issue of revision, as provided under Section 364 of the Criminal Procedure Code. The judge, upon reviewing the proceedings and orders of the lower court, determined that the threshold for invoking the High Court's...
Source-derived case information.
- Citation
- [2006] KEHC 1214 (KLR)
- Parties
- Appellant: Republic; Respondent: Joel Koech & 3 Others
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 85 of 2006
- Procedural Posture
- Criminal Revision / Ruling on Preliminary Revision Application
- Outcome
- Summons issued to respondents; status of exhibits maintained pending hearing.
- Legal Topics
- Criminal Revision, Powers of High Court, Procedure Under Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Joel Koech & 3 Others
Respondent
Procedural Posture
Criminal Revision / Ruling on Preliminary Revision Application
Legal Issues
- 1 Whether there is reasonable cause to call for the file and hear the parties on the issue of revision under Section 364 of the Criminal Procedure Code.
- 2 Whether summons should issue to the respondents for appearance before the court.
Ratio Decidendi
The court found that there was reasonable cause to call for the file and hear the parties on the issue of revision, as provided under Section 364 of the Criminal Procedure Code. The judge, upon reviewing the proceedings and orders of the lower court, determined that the threshold for invoking the High Court's revisionary jurisdiction had been met. Consequently, the court directed that summons be issued to the respondents to appear and address the matter, and ordered that the status of the exhibits be maintained pending further directions.
Court Disposition
Summons issued to respondents; status of exhibits maintained pending hearing.
Orders
- Summons to issue to the respondents to appear in court on 13th July, 2006.
- Status in respect of the exhibits to be maintained until further orders.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Revision 85 of 2006
(From original conviction and sentence in Criminal Case No. 1133 of 2006 of the Principal Magistrate’s Court at KerichoJ. N.Mwaniki – R.M.)
REPUBLIC……………………………….................................…………………..…...APPELLANT
VERSUS
JOEL KOECH & 3 OTHERS…………......................................……………....…RESPONDENT
6. 7.2006
Before: M. Koome – Judge
In Chambers
RULING
This Misc. application coming-up for revision under the provisions of Section 364 of the CPC, and having read the proceedings by J. N. Mwaniki and the orders thereto, I am satisfied that there is reasonable cause to call for the file and hear the parties on this issue of revision.
Accordingly summons be issued to the respondents to appear in this Court on 13th July, 2006. Meanwhile the status in respect of the exhibits be maintained.
MARTHA KOOME
JUDGE
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
NAKURU