[2019] KEHC 9491 (KLR)

[2019] KEHC 9491 (KLR)

The court found no irregularity or illegality in the proceedings or judgment entered on 24/12/2018. Therefore, the application for revision did not meet the threshold under Section 364 of the Criminal Procedure Code. The court held that the applicant's remedy lay in filing an appeal rather than seeking revision. As...

Source-derived case information.

Citation
[2019] KEHC 9491 (KLR)
Parties
Applicant: Republic; Defendant: Priscah Karegi Munyua
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 62 of 2019
Procedural Posture
Criminal Revision / Ruling
Outcome
revision declined
Judges
A Mabeya
Legal Topics
Criminal Revision, Review Jurisdiction, Appeal Vs Revision
Source Language
en
Criminal Law Civil Procedure Criminal Revision Review Jurisdiction Appeal Vs Revision

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Priscah Karegi Munyua

Defendant

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether there was any irregularity in the proceedings or judgment warranting revision under Section 364 of the Criminal Procedure Code.
  2. 2 Whether the application was properly brought as a revision or should have been pursued as an appeal.

Ratio Decidendi

The court found no irregularity or illegality in the proceedings or judgment entered on 24/12/2018. Therefore, the application for revision did not meet the threshold under Section 364 of the Criminal Procedure Code. The court held that the applicant's remedy lay in filing an appeal rather than seeking revision. As a result, the application for revision was declined and the file ordered closed.

Court Disposition

revision declined

Orders

  • The revision sought is hereby declined.
  • The file is ordered closed.