[2023] KEHC 2214 (KLR)
The court held that the accused, having been found guilty of murder but insane under Section 166 of the Criminal Procedure Code, is not a convicted person and therefore does not have a right of appeal to the Court of Appeal. The right of appeal is reserved for those who have been convicted, as stipulated by Article...
Source-derived case information.
- Citation
- [2023] KEHC 2214 (KLR)
- Parties
- Applicant: Republic; Respondent: Harrison Kamau Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 113 of 2013
- Procedural Posture
- Criminal Case / Application for Leave to Appeal
- Outcome
- Application for leave to appeal dismissed.
- Judges
- JM Bwonwong'a
- Legal Topics
- Right of Appeal, Conviction Status, Murder But Insane, Criminal Procedure, Appeals Process
- 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
Harrison Kamau Njoroge
Respondent
Procedural Posture
Criminal Case / Application for Leave to Appeal
Legal Issues
- 1 Whether an accused person found guilty of murder but insane has a right of appeal to the Court of Appeal.
- 2 Whether the order finding the accused guilty of murder but insane constitutes a conviction for purposes of appeal under the Constitution and the Criminal Procedure Code.
Ratio Decidendi
The court held that the accused, having been found guilty of murder but insane under Section 166 of the Criminal Procedure Code, is not a convicted person and therefore does not have a right of appeal to the Court of Appeal. The right of appeal is reserved for those who have been convicted, as stipulated by Article 50(2)(q) of the Constitution and Section 379 of the Criminal Procedure Code. The court rejected the arguments of both the prosecution and the accused's counsel that the accused was entitled to appeal, emphasizing that the law does not provide for an appeal in such circumstances.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application by the accused for leave to appeal to the Court of Appeal is rejected.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Njoroge (Criminal Case 113 of 2013) [2023] KEHC 2214 (KLR) (Crim) (20 March 2023) (Order)
Neutral citation: [2023] KEHC 2214 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case 113 of 2013
JM Bwonwong'a, J
March 20, 2023
Between
Republic
Prosecutor
and
Harrison Kamau Njoroge
Accused
Order
1. It is only those who are convicted of an offence that are allowed to appeal to a higher court in terms of article 50 (2) (q) of the 2010 Constitution of Kenya. And even then the appeal has to follow the prescribed law.
2. Furthermore, under Section 379 of theCriminal Procedure Code (Cap 75) Laws of Kenya, it is only those who have been convicted by the High Court in its trial capacity, that have a right of appeal to the Court of Appeal.
3. The accused person is not a convicted person. Therefore, he has no right of appeal. He was only found guilty of murder but insane under Section 166 Criminal Procedure Code.
4. There is no right of appeal against the order of this court that found the guilty of murder but insane. And I therefore do not agree with the prosecutor (Ms Dela) and Mr. Amutallah for the accused that the accused has a right of appeal.
5. I therefore reject the application of the accused to appeal to Court of Appeal.
ORDER SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 20TH DAY OF MARCH 2023. J M BWONWONG’AJUDGEIn the presence of-Mr. Kinyua: Court AssistantMs Peris Maina for the RepublicMr. Amutallah for the accused.The accused in person.