[2016] KEHC 8108 (KLR)
The court found that the order issued by the trial court on 9th September 2016 was unprocedural and therefore set it aside. The victim's application was struck out as it was filed in abuse of the due process of the court. The court directed that the trial should proceed to the defence stage as previously ordered,...
Source-derived case information.
- Citation
- [2016] KEHC 8108 (KLR)
- Parties
- Applicant: Republic; Respondent: Juma Mato
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 174 of 2016
- Procedural Posture
- Criminal Revision / Ruling on Application to Set Aside Trial Court Order and Directions on Further Conduct of Trial
- Outcome
- application allowed; trial court order set aside; proceedings to continue as directed
- Judges
- LK Kimaru
- Legal Topics
- Criminal Revision Procedure, Victim Participation, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Juma Mato
Respondent
Procedural Posture
Criminal Revision / Ruling on Application to Set Aside Trial Court Order and Directions on Further Conduct of Trial
Legal Issues
- 1 Whether the order issued by the trial court on 9th September 2016 was procedural and valid.
- 2 Whether the victim's application constituted an abuse of court process.
- 3 Whether the proceedings in the trial court should continue and under what terms.
Ratio Decidendi
The court found that the order issued by the trial court on 9th September 2016 was unprocedural and therefore set it aside. The victim's application was struck out as it was filed in abuse of the due process of the court. The court directed that the trial should proceed to the defence stage as previously ordered, with the accused allowed to call any witnesses, including the mother of the victim and the counsellor. The stay of proceedings was lifted, and the victim's participation was limited to the victim impact statement stage if the accused is convicted, in accordance with the law.
Court Disposition
application allowed; trial court order set aside; proceedings to continue as directed
Orders
- The order issued on 9th September 2016 by the trial court is set aside.
- The victim's application is struck out as an abuse of process.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.174 OF 2016
REPUBLIC………………………………….………................................. APPLICANT
VERSUS
JUMA MATO......................……………….............................................RESPONDENT
RULING
The Order issued on 9th September 2016 by the trial court in Nairobi Children’s Court Criminal No.163 of 2014 Republic –Vs- Juma Mato is set aside as it was unprocedural. The victim’s application is hereby struck out as it was filed in abuse of the due process of the court. The court should proceed to hear the accused’s defence as earlier ordered by viva voce evidence as provided by the law. The accused is at liberty to call any witnesses including the mother of the victim and the counsellor. The order of the court staying the proceedings of the trial court is set aside.
Mention on 7th October 2016 before the trial court for further orders. The victim can only intervene during the victim impact statement stage if the accused is convicted. Otherwise the victim has a right to be represented in the case. It is so ordered.
DATED AT NAIROBI THIS 27TH DAY OF SEPTEMBER 2016
L. KIMARU
JUDGE