[2021] KEHC 9090 (KLR)
The court found that the applicant had not demonstrated any illegality, irregularity, or impropriety in the proceedings before the Mukuruweini Law Courts. The application was improperly brought as a revision rather than a standard transfer application. Upon perusal of the lower court record, the High Court found no...
Source-derived case information.
- Citation
- [2021] KEHC 9090 (KLR)
- Parties
- Applicant: Samuel Murage Maina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 140 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application dismissed
- Judges
- A Mshila
- Legal Topics
- Defilement Offence, Sexual Offences Act, Criminal Revision, Transfer of Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Murage Maina
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether there exists any illegality or irregularity in the proceedings before the trial court at Mukuruweini warranting revision by the High Court.
- 2 Whether the applicant has provided sufficient grounds for the transfer of his case from Mukuruweini Law Courts to Othaya Law Courts.
Ratio Decidendi
The court found that the applicant had not demonstrated any illegality, irregularity, or impropriety in the proceedings before the Mukuruweini Law Courts. The application was improperly brought as a revision rather than a standard transfer application. Upon perusal of the lower court record, the High Court found no basis for intervention under its revisionary jurisdiction. Consequently, the application for revision was found to lack merit and was disallowed. The file was ordered to be returned to the Mukuruweini Law Courts for hearing and determination before the same subordinate court.
Court Disposition
application dismissed
Orders
- The application for revision is disallowed.
- The file is to be returned to Mukuruweini Law Courts for hearing and determination before the same subordinate court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL REVISION 140 OF 2020
SAMUEL MURAGE MAINA .....................................APPLICANT
VERSUS
REPUBLIC .............................................................................ODPP
RULING ON REVISION
1. The applicant was charged with the offence of defilement contrary to Section 8 (1) and (2) of the Sexual Offences Act in CR. CASE NO. 21 of 2018 before the Mukurweini Court.
2. By a letter dated 4th September, 2020 the applicant requested for a transfer of this case from Mukuruweini Law Courts to Othaya Law Courts for hearing and determination.
3. The reason he seeks for the transfer of his case is because the case has taken an inordinately long period of time to be heard and be determined, whereas his other cases had long been heard and determined.
4. This court notes that the application has been filed as a revision as opposed to a normal application for transfer of a case.
5. The applicable Law on Revision is found at Sections 362 and Section 364 of the Criminal Procedure Code. Under revision there must be an illegality or irregularity in the proceedings; or a finding, sentence or order that been made by the lower court, which is not proper or correct. The duty of this court would then be to proceed to remedy or reverse such orders, findings or sentences as mandated by Section 364.
6. This court, took it upon itself to a call for and to peruse the lower Court record upon such perusal found nothing there that demonstrates any illegality or irregularity in the proceedings before the trial court sitting at Mukuruweini.
7. The applicant has also not provided this court with any order or finding by the trial court that warrants remedy or reversal by this court.
8. For the foregoing reasons the application does not justify the orders sought for revision.
9. The application is found lacking in merit and is hereby disallowed.
10. The file to be returned back to Mukuruweini Law Courts for hearing and determination before the name subordinate court.
Orders Accordingly
Dated, Signed and Delivered at Nyeri this 22nd day of February, 2021.
HON. A. MSHILA
JUDGE