[2024] KEHC 8600 (KLR)
The trial court's failure to address Count II in the charge sheet was an error apparent on the face of the record. This omission undermined the propriety and completeness of the proceedings, as the accused was not tried or acquitted on all charges faced. The High Court, exercising its powers under Section 362 of the...
Source-derived case information.
- Citation
- [2024] KEHC 8600 (KLR)
- Parties
- Applicant: Republic; Respondent: Victor Mwendwa Ndunda
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E252 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Revision Application
- Outcome
- Proceedings re-opened and remitted to trial court for correction of omission.
- Judges
- AK Ndung'u
- Legal Topics
- Criminal Revision Jurisdiction, Omission of Count, Trial Court Error
- 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
Victor Mwendwa Ndunda
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision Application
Legal Issues
- 1 Whether the trial court's failure to address Count II in the charge sheet constitutes an error apparent on the face of the record.
- 2 Whether the High Court should exercise its revisionary jurisdiction to correct the omission by the trial court.
Ratio Decidendi
The trial court's failure to address Count II in the charge sheet was an error apparent on the face of the record. This omission undermined the propriety and completeness of the proceedings, as the accused was not tried or acquitted on all charges faced. The High Court, exercising its powers under Section 362 of the Criminal Procedure Code, found that the error was amenable to correction through revision. Accordingly, the proceedings were ordered to be re-opened and remitted to the trial magistrate for appropriate action to ensure that justice is served in respect of all counts charged.
Court Disposition
Proceedings re-opened and remitted to trial court for correction of omission.
Orders
- The proceedings herein be re-opened for purposes of correcting the omission regarding Count II.
- The file is remitted back to the Senior Principal Magistrate to deal as appropriate.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Ndunda (Criminal Revision E252 of 2024) [2024] KEHC 8600 (KLR) (16 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8600 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Criminal Revision E252 of 2024
AK Ndung'u, J
July 16, 2024
Between
Republic
Applicant
and
Victor Mwendwa Ndunda
Respondent
(Being a revision of the orders of E. Ngigi SPM made on 12/6/24 in Rumuruti CR. Case noE327 of 2023)
Ruling
1. In proceedings dated 12/6/2024, the learned trial magistrate (E. Ngigi -SPM) convicted the accused in respect of Count 1 of the Charge sheet leaving Count II unattended.
2. The court has explained on record the circumstances leading to this omission.
3. I have in exercise of the powers conferred on this court by Section 362 of the Criminal Procedure Code perused the record and I note that out of sheer inadvertence, the trial court failed to address Count II in the charges facing the accused.
4. This is an error apparent on the face of the record which error vitiates the correctness or propriety of the proceedings.
5. Without addressing the said Count, the ends of Justice were not met.
6. This is an error amenable to be corrected by invoking the revision jurisdiction of the court.
7. I hereby direct that the proceedings herein be re-opened for purposes of correcting the anomaly aforesaid. The file is hereby remitted back to the Senior Principal Magistrate to deal as appropriate.
8. These directions and order be served on the ODPP and the Accused.Matter be mentioned before the trial court on 23/7/2024.
DATED SIGNED AND DELIVERED THIS 16TH DAY OF JULY 2024. A.K. NDUNG’UJUDGE