[2010] KEHC 2276 (KLR)
The High Court held that only the State has the authority to move a criminal file on appeal or revision. Since the State declined to appeal the acquittal, the complainant could not invoke the revisionary jurisdiction of the High Court. The court further found no irregularity in the trial magistrate's conduct or...
Source-derived case information.
- Citation
- [2010] KEHC 2276 (KLR)
- Parties
- Applicant: Republic; Respondent: Ngugi Muraya; Complainant: Jane Wamboi
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Revision Case 02 of 2010
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Revision declined.
- Legal Topics
- Assault, Affray, Criminal Procedure, Battery, Civil Remedy, Revision Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ngugi Muraya
Respondent
Jane Wamboi
Complainant
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court can entertain a revision at the instance of a complainant when the State declines to appeal.
- 2 Whether the trial magistrate's acquittal of the accused for assault but finding of affray disclosed any irregularity warranting revision.
- 3 What remedies are available to a complainant dissatisfied with a criminal acquittal.
Ratio Decidendi
The High Court held that only the State has the authority to move a criminal file on appeal or revision. Since the State declined to appeal the acquittal, the complainant could not invoke the revisionary jurisdiction of the High Court. The court further found no irregularity in the trial magistrate's conduct or decision. The complainant's remedy, if any, lies in instituting a civil suit for battery against the accused. Accordingly, the application for revision was declined.
Court Disposition
Revision declined.
Orders
- The application for revision is declined.
- The complainant is advised to pursue civil remedies if so advised.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET
Revision Case 2 of 2010
REPUBLIC.......................................................................................PROSECUTOR
VERSUS
NGUGI MURAYA.....................................................................................ACCUSED
[A revision from the decision of Senior Resident Magistrate, Hon. G. A. Mmasi,
in theChief Magistrate’s Court at Eldoret - Eldoret CMCRC NO. 207 of 2009]
RULING
(REVISION)
I.Background
1. An offence of assault contrary to Section 251 of the penal Code was preferred against one Ngugi Muraya by the Republic.
2. The complainant and victim was Jane Wamboi, a female adult who alleged that she had been assaulted by the said Ngugi Muraya. After hearing the two parties together with their respective witness, the trial magistrate found in her judgment that the offence of assault was not proved but that of affray. She acquitted the original accused in the CMCC Case No. 207/09.
3. The complainant requested the state to appeal against the decision. They declined to do so on ground that no prove point of law was established to appeal against.
4. The complainant wrote to this court on an unknown date but filed on 17th March 2010 claiming justice.
II.Opinion
5. Only the state may move a file on appeal. If they fail to do so, the High Court cannot compel then.
6. Nonetheless, the offence of assault contrary to Section 251 of the Penal Code was brought in the name of the Republic being an offence against the Republic. The victim/ complainants remedy lies in a Civil Law suit. This is for the claim of Battery being a TORT.
7. The victim may accordingly file suit to claim damages for unlawfully Battery against the original accused in a Civil Court.
8. The Revision discloses no irregularities in the case conducted by the Trial Magistrate. It is accordingly declined by this court.
Dated this 28th day of May 2010 at Eldoret.
M.A. ANG’AWA
JUDGE
Advocate
Nil
Complainant in Person
Accused in Person - Absent