Kenya Judgment

High Court · High Court at Nyeri

Samuel Murage Maina v Republic [2021] KEHC 9090 (KLR)

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Source document

01

Holding and result

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.

02

Material facts

Parties

Samuel Murage Maina

Applicant

Republic

Respondent Counsel: ODPP

03

Procedural history

  1. Posture

    Criminal Revision / Ruling on Revision

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought transfer of his case from Mukuruweini Law Courts to Othaya Law Courts on the basis that the case had taken an inordinately long period to be heard and determined, while his other cases had already been concluded.
Respondent
The respondent did not file a formal response, but the court noted that the application was brought as a revision rather than a standard transfer application, and no illegality or irregularity was demonstrated in the lower court proceedings.

05

Court’s reasoning

  1. 01

    Sections 362 and 364, Criminal Procedure Code (Cap 75)

    A revision under Sections 362 and 364 of the Criminal Procedure Code is only available where there is an illegality, irregularity, or impropriety in the proceedings, finding, sentence, or order of the lower court.

06

Ratio, limits and disposition

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

  • 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.

Source and reliance status

High Court

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Judgment reading view

Judgment text

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Source document

High Court

Judgment

[2021] KEHC 9090 (KLR)

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

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Code (Cap 75) Sections 362 and 364

Legislation

Legislation referenced in the available case record.

Sexual Offences Act Section 8 (1) and (2)

Legislation

Legislation referenced in the available case record.

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