[2004] KEHC 700 (KLR)
The court found that the application was without merit because the magistrate had not yet taken any evidence or indicated that he would proceed with the case from where it had reached without complying with Section 200 of the Criminal Procedure Code. As of the date in question, the case had not even been fixed for...
Source-derived case information.
- Citation
- [2004] KEHC 700 (KLR)
- Parties
- Applicant: Samwel Owino Nayuke; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 61 of 2004
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Legal Topics
- Criminal Appeal Procedure, Section 200 Cpc, Magistrate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Owino Nayuke
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the magistrate failed to comply with Section 200 of the Criminal Procedure Code in proceeding with the case.
- 2 Whether the application challenging the proceedings was premature.
Ratio Decidendi
The court found that the application was without merit because the magistrate had not yet taken any evidence or indicated that he would proceed with the case from where it had reached without complying with Section 200 of the Criminal Procedure Code. As of the date in question, the case had not even been fixed for hearing. Therefore, the application was premature and there was no procedural breach to be remedied at this stage.
Court Disposition
application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE HIGH COURT OF KENYA AT KISII CRIMINAL MISC. APPL. NO.61 OF 2004 (From original conviction and sentence of the Senior Resident Magistrate’s Court at Migori in Criminal Case No.311 of 2001 –S. O. ATONGA ESQ., S.R.M) SAMWEL OWINO NAYUKE ………………………………… APPLICANT VERSUS REPUBLIC ……………………………………………………. RESPONDENT RULING
I have considered the application. I find it has no merit. Nowhere in the proceedings has the magistrate said he is proceeding with the case from where it had reached or that he was not going to comply with S.200 C.P.C. He has not taken any evidence. In fact as of 28/4/04 the case had not been fixed for hearing. The application is premature. It is dismissed. KABURU BAUNI JUDGE.