Kenya Case Law

Republic v Nderitu & another

Republic v Nderitu & another [2024] KEHC 10474 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E007 of 2024

Judge

LM Njuguna

The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, as the certified copies of the proceedings and impugned order were only availed after the statutory period for appeal had lapsed. The applicant acted promptly upon receipt of the documents and filed both the application for leave and the petition of appeal without undue delay. The court held that section 349 of the Criminal Procedure Code grants it discretion to admit an appeal out of time where the delay is attributable to late receipt of the judgment or order. The respondents' arguments…

Source excerpt

• Leave To Appeal Out Of Time
• Discharge Of Accused
• Section 202 Criminal Procedure Code
• Section 349 Criminal Procedure Code

Republic v Onyango

Republic v Onyango [2022] KEHC 11086 (KLR)

Court

High Court

Case number

Criminal Revision Application E057 of 2021

Judge

JN Kamau

The High Court found that the trial court erred in invoking Section 202 of the Criminal Procedure Code to acquit the respondent because the complainant and two witnesses were present and ready to proceed. The only issue was the non-availability of some documents to the respondent, which did not justify acquittal under Section 202. The proper course would have been to adjourn the hearing and ensure the respondent received the documents. The High Court held that the acquittal order was illegal and lacked legal basis, and that the trial court should have exercised its discretion to adjourn rathe…

Source excerpt

• Criminal Revision
• Acquittal Orders
• Section 202 Criminal Procedure Code
• Reinstatement Of Trial
• Judicial Discretion
• Procedural Irregularity

Republic v Kevin Omollo Mulela

Republic v Kevin Omollo Mulela [2020] KEHC 347 (KLR)

Court

High Court

Case number

Criminal Case E003 of 2020

Judge

RPV Wendoh

The High Court revised a subordinate court order that had acquitted the accused under section 202 CPC, set it aside, and reinstated the case for hearing on the merits.

• Revision Jurisdiction
• Acquittal Orders
• Section 202 Criminal Procedure Code
• Covid19 Court Delays
• Criminal-revision
• Section-202-criminal-procedure-code

Republic v Stephen Njuguna Nyoro

Republic v Stephen Njuguna Nyoro [2017] KEHC 3587 (KLR)

Court

High Court

Case number

Criminal Appeal 63 of 2015

Judge

JV Juma

The High Court dismissed the State’s appeal against an acquittal under section 202 of the Criminal Procedure Code after prosecution witnesses failed to attend court.

• Robbery With Violence
• Acquittal Procedure
• Failure To Produce Witnesses
• Section 202 Criminal Procedure Code
• Criminal-appeal
• Acquittal-procedure

Caleb Ochieng Nyonje v Republic

Caleb Ochieng Nyonje v Republic [2017] KEHC 8125 (KLR)

Court

High Court

Case number

Criminal Appeal 61 of 2014

Judge

EM Muchoki

The High Court dismissed an appeal against withdrawal under section 87(a) of the Criminal Procedure Code, finding the trial court properly exercised its discretion.

• Withdrawal Of Charges
• Rights Of Accused
• Section 87a Criminal Procedure Code
• Section 202 Criminal Procedure Code
• Criminal-appeal
• Withdrawal-of-charges

Republic v Stephen Njuguna Nyoro

Republic v Stephen Njuguna Nyoro [2015] KEHC 5960 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 64 of 2014

Judge

JK Mulwa

The High Court granted the DPP leave to appeal out of time after a magistrate’s acquittal under section 202 CPC, finding the delay plausibly explained by a pending revision application.

• Leave To Appeal Out Of Time
• Dismissal Of Charges
• Section 202 Criminal Procedure Code
• Revision Jurisdiction
• Acquittal Orders
• Leave-to-appeal-out-of-time

REPUBLIC v GEORGE BITANGE NYACHIEO

REPUBLIC v GEORGE BITANGE NYACHIEO [2009] KEHC 3700 (KLR)

Court

High Court

Case number

Criminal Appeal 172 of 2007

The trial court erred by acquitting the accused under Section 202 of the Criminal Procedure Code without first confirming whether the accused was present in court or whether the warrant of arrest issued earlier had been executed or vacated. Furthermore, the complainant had been bonded to attend court on a later date, making his absence on the hearing date excusable. The acquittal was therefore irregular, and the proper course was to vacate the trial court's orders and direct a retrial.

Source excerpt

• Acquittal Procedure
• Section 202 Criminal Procedure Code
• Obtaining By False Pretences
• Retrial Orders

REPUBLIC v PETER OKEMWA MASEYA

REPUBLIC v PETER OKEMWA MASEYA [2008] KEHC 1466 (KLR)

Court

High Court

Case number

? 87 of 2007

The High Court reviewed and set aside a magistrate’s dismissal of a criminal case, holding that section 202 CPC could not be used where the complainant was present.

• Review Of Magistrate Orders
• Dismissal Of Criminal Case
• Section 202 Criminal Procedure Code
• Reinstatement Of Charge
• Criminal-procedure-code-section-202
• Review-of-magistrate-orders