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Kenya decisions
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Muasa v Republic [2024] KEHC 13463 (KLR)
The High Court partly allowed a revision application and expunged an inquest magistrate’s order that the applicant be arrested and charged with murder.
Mwirigi & 2 others v Republic [2023] KEHC 3807 (KLR)
The High Court at Lodwar dismissed a revision application challenging inquest findings, holding that the magistrate acted within the Criminal Procedure Code.
Republic Thro’ Cid Mwingi v Julius Kilonzo Muthengi [2015] KEHC 4042 (KLR)
The High Court vacated an inquest ruling that wrongly recommended a civil wrongful-death claim and ordered the findings forwarded to the DPP.
In Re Homa Bay Chief Magistrates Court [2015] KEHC 8471 (KLR)
The High Court held that section 387(3) of the Criminal Procedure Code is unconstitutional to the extent that it purports to vest the power to initiate criminal proceedings in the magistrate's court, a function reserved exclusively for the Director of Public Prosecutions under Article 157(6)(a) of the Constitution. The magistrate's order summoning Sr. Antonina Musula to take plea was therefore ultra vires and invalid. The proper procedure is for the magistrate to forward the inquest findings to the Director of Public Prosecutions, who alone has the authority to determine whether to institute…
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In re Estate of Philip Otieno Odhiambo ( Deceased) [2015] KEHC 8407 (KLR)
The High Court held that while section 387(3) of the Criminal Procedure Code appears to empower a magistrate to issue a warrant of arrest and initiate prosecution following an inquest, this statutory provision cannot override the constitutional mandate vested in the Director of Public Prosecutions under Article 157(6)(a) of the Constitution. The prosecutorial function, including the decision to institute criminal proceedings, is the exclusive preserve of the Director of Public Prosecutions. The magistrate's role after an inquest is limited to making findings of fact and forwarding the record…
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John Gisiri Mwana, Jane Wanjiku & Bridge International Academies Limited v Republic [2014] KEHC 6557 (KLR)
The court found that the Ag. Principal Magistrate at Kehancha acted without jurisdiction by issuing injunctive orders under the Civil Procedure Rules in a criminal miscellaneous application, where no formal application or charge was before the court. The magistrate's actions amounted to an abuse of court process and a breach of the applicants' right to a fair hearing, as they were condemned unheard and denied an opportunity to respond to allegations. Furthermore, the closure of the schools and restriction on enrollment were not supported by any application, quality assessment report, or statu…
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ABDULL ADEN v REPUBLIC [2007] KEHC 259 (KLR)
The High Court revised a committal order for a mentally unfit accused, holding that Section 166(1) of the Criminal Procedure Code did not apply before plea or conviction.
The High Court set aside a magistrate’s order reducing a murder charge to manslaughter at committal stage, holding the magistrate had no such power under the Criminal Procedure Code.
Republic v Henry Mwaura Ikego & Simion Gatonye Migui [1979] KEHC 25 (KLR)
The court held that the magistrate erred in invoking section 202 of the Criminal Procedure Code to acquit the accused because the public prosecutor, who qualifies as the 'complainant' in state prosecutions, was present in court. The absence of key witnesses did not amount to non-appearance of the complainant as required by section 202. The court further found that the magistrate wrongly exercised his discretion in refusing the prosecution's request for an adjournment, as previous adjournments were not attributable to the prosecution and the circumstances justified a short adjournment. Consequ…
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