[2009] KEHC 1968 (KLR)
The court found that the issue of R.M.K's conviction and sentence had already been conclusively addressed by Onyancha J in H.C. Revision 90/2005, where the conviction was quashed and a retrial ordered. As there was no new issue or error requiring intervention, the court held that there was nothing left for it to do...
Source-derived case information.
- Citation
- [2009] KEHC 1968 (KLR)
- Parties
- Applicant: R.M.K; Applicant: Patrick Muthekya Ngethe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 6 of 2009
- Procedural Posture
- Criminal Revision / Ruling on Revision Application
- Outcome
- revision application dismissed as settled; directions given for co-accused's appeal
- Legal Topics
- Criminal Revision, Robbery Offence, Minor Conviction, Retrial Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R.M.K
Applicant
Patrick Muthekya Ngethe
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision Application
Legal Issues
- 1 Whether the conviction and sentence of the minor R.M.K for robbery required further revision by the High Court.
- 2 Whether any further orders were necessary in light of the previous High Court decision quashing the conviction and ordering a retrial.
Ratio Decidendi
The court found that the issue of R.M.K's conviction and sentence had already been conclusively addressed by Onyancha J in H.C. Revision 90/2005, where the conviction was quashed and a retrial ordered. As there was no new issue or error requiring intervention, the court held that there was nothing left for it to do in revision. The court therefore declined to make any further orders regarding the minor. As for the co-accused, Patrick Muthenya Ngethe, the court directed that his pending appeal be listed for mention and the trial court record be availed for that purpose.
Court Disposition
revision application dismissed as settled; directions given for co-accused's appeal
Orders
- No further orders in revision regarding R.M.K as the conviction was already quashed and retrial ordered.
- Patrick Muthenya Ngethe's appeal (H.C.Cr. Appeal 60/2008) to be listed for mention before the judge and trial court record to be placed before the court on the mention date.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Criminal Revision 6 of 2009
1. R.M.K
2. PATRICK MUTHEKYA NGETHE .................ACCUSED
VERSUS
REPUBLIC
REVISION
1. This file was opened and a revision was to be made in respect of [R. M K], a minor sentenced to serve 10 years imprisonment for the offence of robbery. I have since perused the lower court file i.e. Kilungu RM’S Court Criminal Case No. 409/2005 and I note that in fact Onyancha J in H.C. Revision 90/2005 had already dealt with the issue and quashed the conviction of the minor and ordered his retrial.
2. It follows that the matter is settled and there is nothing left for this court to do and I in any event shall make no other orders in revision.
3. As regards, [R.M.K] co-accused, one Patrick Muthenya Ngethe, let his appeal in H.C.Cr. Appeal 60/2008 be listed for a mention date before me and the trial court’s record should be placed before me on the mention date.
4. Orders accordingly.
Dated and delivered at Machakos this 21st day of July 2009.
ISAAC LENAOLA JUDGE
JUDGE