[2004] KEHC 2449 (KLR)
The High Court, upon perusal of the lower court proceedings and judgment, found that although the complaint against the acquittal was not without merit, the law expressly prohibits the High Court from converting an acquittal into a conviction through its revisionary jurisdiction. Section 364(4) of the Criminal...
Source-derived case information.
- Citation
- [2004] KEHC 2449 (KLR)
- Parties
- Applicant: Republic; Respondent: Samuel Mbuthia Nyutu
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 4 of 2004
- Procedural Posture
- Criminal Revision / Application for Revision of Acquittal Order
- Outcome
- application dismissed
- Legal Topics
- Revision Jurisdiction, Acquittal Orders, Criminal Procedure Code, Assault Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Mbuthia Nyutu
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Acquittal Order
Legal Issues
- 1 Whether the High Court can revise an acquittal order of the lower court under Section 362 and 364 of the Criminal Procedure Code.
- 2 Whether the High Court can convert a finding of acquittal into a conviction on revision.
Ratio Decidendi
The High Court, upon perusal of the lower court proceedings and judgment, found that although the complaint against the acquittal was not without merit, the law expressly prohibits the High Court from converting an acquittal into a conviction through its revisionary jurisdiction. Section 364(4) of the Criminal Procedure Code bars such action. The only lawful avenue for challenging the acquittal is by way of appeal, which must be initiated by the Attorney-General or State Counsel. Consequently, the application for revision was dismissed as the court lacked jurisdiction to grant the relief sought.
Court Disposition
application dismissed
Orders
- The application seeking to invoke the revisionary jurisdiction of the High Court is dismissed.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU REVISION CAUSE NO. 4 OF 2004
REPUBLIC ……………………………………PROSECUTOR VERSUS SAMUEL MBUTHIA NYUTU…………………….ACCUSED
ORDER OF REVISION By a letter dated the 19th of December 2003 the Complainant in Nyahururu PMCCRC No. 2073 of 2003 Republic –versus- Samuel Mbuthia Nyutu has sought to invoke the revisionary jurisdiction of this Court to revise the order of the Resident Magistrate Nyahururu acquitting the Appellant for lack of evidence on the charge of assault causing actual harm contrary to Section 251 of the Penal Code. I have perused the proceedings and the judgment of Lower Court and find that the Complaint raised by the Complainant is not without merit. However the High Court cannot under the provisions of Section 362 and 364Criminal Procedure Code convert a finding of acquittal into the one of conviction. (See Section 364 (4)of the Criminal Procedure Code). The Complainant is therefore advised to seek assistance from the Attorney- General through the State Counsel, Nakuru who would be in a position to file an application for extension of time to file an appeal against the said acquittal.
In the circumstances therefore I have no option but to dismiss this application seeking to invoke the revisionary jurisdiction of this Court.
DATED at NAKURU this 27th day of April 2004.
L. KIMARU AG. JUDGE