REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Criminal Revision 16 of 2009 [Arising from Criminal Case No. 77 of 2008 of the Resident Magistrate’s Court at Wundanyi: F. Munyi – R.M.] REPUBLIC……………………………………………………….APPLICANT VERSUS MOSEKI SAKI PAULO…………………………………….RESPONDENT ********************** RULING Before me is a request for revision arising from the proceedings in Criminal Case No. 77 of 2008 REPUBLIC –VS- MOSEKI SAKI PAULO, which was heard and determined by the learned Resident Magistrate at Voi Law Courts. Having perused the proceedings before the lower court I do note that on 27th August 2009 the trial magistrate read out his judgement in which she acquitted the accused person under S. 215 of the Criminal Procedure Code. Dr. John Khaminwa acting for the complainant, did by his letter dated 13 th November 2009 express dissatisfaction with this decision of the trial court. The powers of the High Court to review decisions emanating from the lower court are found in S. 362 to S. 367 (inclusive) of the Criminal Procedure Code. S. 364(1) (b) provides as follows – “364(1) In the case of a proceeding in a subordinate court the record of which has been called for or which has been reported for orders, or otherwise comes to its knowledge, the High Court may – (a) ……………………………. (b) In the case of any other order than an order of acquittal, alter or reverse the order.” It is clear from this provision that the powers of the High Court to alter or reverse an order, are not available in the case of an acquittal by a lower court. In this case the learned trial magistrate did acquit the accused under S. 215 of the Criminal Procedure Code. In light of the provisions of S. 364(1) (b) Cap 75 this court has no powers to alter or reverse this acquittal. The only remedy available is for the State to appeal the decision of the trial court, if it is so minded. That in my view would be the only available option to the complainant. Dated and Delivered at Mombasa this 15th day of December 2009. M. ODERO JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.