[2002] KEHC 322 (KLR)
The court held that the order made by the trial magistrate under section 210 of the Criminal Procedure Code was an acquittal, which constitutes a judgment. According to section 364(5) of the Criminal Procedure Code, no proceedings by way of revision can be entertained against an order of acquittal. Therefore, the...
Source-derived case information.
- Citation
- [2002] KEHC 322 (KLR)
- Parties
- Applicant: Republic; Respondent: John Mwaura and 4 others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 18 of 2002
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Acquittal
- Outcome
- application dismissed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Acquittal Procedure, Criminal Revision Jurisdiction, Finality of Judgments
- 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
Applicant
John Mwaura and 4 others
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Acquittal
Legal Issues
- 1 Whether the High Court can entertain a revision application against an acquittal order made under section 210 of the Criminal Procedure Code.
- 2 Whether the Attorney General should have appealed instead of seeking revision.
Ratio Decidendi
The court held that the order made by the trial magistrate under section 210 of the Criminal Procedure Code was an acquittal, which constitutes a judgment. According to section 364(5) of the Criminal Procedure Code, no proceedings by way of revision can be entertained against an order of acquittal. Therefore, the Attorney General's application for review was procedurally improper, and the only available remedy was to appeal the acquittal. The application for review was thus dismissed as misconceived and incompetent.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL REVISION 18 OF 02
REPUBLIC……………………………………………………APPLICANT
VERSUS
JOHN MWAURA AND 4 OTHERS……………………….RESPONDENT
RULING
The subjects herein were acquitted by the learned trial magistrate under section 210 of The Criminal Procedure Code for want of prosecution. Thereafter the Attorney General wrote to complain about the order of the learned trial magistrate and asked for the setting aside of the said order and proceedings be re-commenced. Whether or not the section invoked by the learned trial magistrate was correct, the order made was that of an acquittal. In all respects, it was a judgment and, with respect, if the Attorney General was aggrieved by the said order, he should have appealed. The foregoing being the case, no proceedings by way of revision can be entertained by virtue of section 364(5) of the Criminal Procedure Code The more to have the ord er reviewed is misplaced and therefore declined. The application for review is therefore dismissed.
MBOGHOLI MSAGHA
JUDGE
7/11/2002