[2014] KEHC 8835 (KLR)
The High Court lacks jurisdiction to hear an appeal from an inquest order because the Criminal Procedure Code does not provide a right of appeal from such orders. The appellant is not a person convicted within the meaning of section 347 of the Act, and inquests are governed by Part XII, which does not confer a right...
Source-derived case information.
- Citation
- [2014] KEHC 8835 (KLR)
- Parties
- Appellant: Ronald Aloo Augo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Judgment Date
- 24 November 2014
- Case Number
- Criminal Appeal 102 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Appeal Against Inquest Order
- Outcome
- Appeal struck out for want of jurisdiction.
- Judges
- DAS Majanja
- Legal Topics
- Inquest Procedure, Right of Appeal, Jurisdiction of High Court
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ronald Aloo Augo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal Against Inquest Order
Legal Issues
- 1 Whether there is a statutory right of appeal against an order made in an inquest under the Criminal Procedure Code.
- 2 Whether the High Court has jurisdiction to entertain an appeal from an inquest finding where the appellant is not a convicted person.
Ratio Decidendi
The High Court lacks jurisdiction to hear an appeal from an inquest order because the Criminal Procedure Code does not provide a right of appeal from such orders. The appellant is not a person convicted within the meaning of section 347 of the Act, and inquests are governed by Part XII, which does not confer a right of appeal. The appeal is therefore incompetent and must be struck out for want of jurisdiction.
Court Disposition
Appeal struck out for want of jurisdiction.
Orders
- The appeal is struck out.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE HIGH COURT AT HOMA BAY
CRIMINAL APPEAL NO. 102 OF 2014
BETWEEN
RONALD ALOO AUGO …..…………………………..…......………. APPELLANT
AND
REPUBLIC …………………………………………………...…… RESPONDENT
(Being an appeal from the original ruling and order in Inquest No. 1 of 2010 at the Principal Magistrates Court at Oyugis by Hon. S. N. Makila, RM, dated 19th October 2012)
RULING
1. This appeal arises from an inquest conducted to inquire into the death of PHILIP OTIENO ODHIAMBO (‘deceased’). After hearing the witnesses, the learned magistrate found that the death of the deceased was caused by commission of an offence by RONALD ALOO AUGO (“the appellant”). She ordered that that the appellant be arrested and charged with manslaughter contrary to section 202 of the Penal Code (Chapter 63 of the Laws of Kenya).
2. The appellant now appeals against the findings and order of the subordinate court. It is trite law that a right of appeal must be granted by statute and in the absence of such a statutory right, the court has no jurisdiction (see Munene v Republic (No. 2) [1978] KLR 105 and Owners of the Motor Vessel Lillian ‘S’ v Caltex Oil Kenya Ltd [1989] KLR 1).
3. Appeals in criminal matters are provided for generally under the Criminal Procedure Code (Chapter 75 of the Laws of Kenya). Part XI thereof deals with appeals from the subordinate court to the High Court. The relevant sections provide as follows:
Appeals to the High Court
Save as is in this part provided –
a. A person convicted on a trial held by a subordinate court of the first or second class may appeal to the High Court.
b. Repealed
348. No appeal on plea of guilty, nor petty cases
No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court except as to the extent or legality of the sentence.
348A.Right of appeal against acquittal, order of refusal or order of dismissal
When an accused person has been acquitted on a trial held by a subordinate court, or where an order refusing to admit a complaint or formal charge, or an order dismissing a charge, has been made by a subordinate court, the Director of Public Prosecutions may Appeal to the High Court from the acquittal or order on a matter of law.
4. Inquests are conducted pursuant to the provisions of Part XII of the Criminal Procedure Act and no right of appeal is provided for thereat. An order made in an inquest does not fall within the provisions of Part XI of the Criminal Procedure Code which I have outlined above nor is the appellant herein a person convicted within the meaning of section 347 of the Act.
5. This appeal is therefore incompetent because it is an appeal against a finding and order in an inquest and the appellant is not a person convicted. It must therefore be struck out and it is hereby struck out.
DATED and DELIVERED at HOMA BAY this 24th day of November 2014.
D.S. MAJANJA
JUDGE