REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT GARSEN HIGH COURT CRIMINAL REVISION CASE NO.E047 OF 2026 REPUBLIC………………….…….………………….………. APPLICANT VERSUS DAUDI MOHAMED………..…….…………..……. …….RESPONDENT RULING 1. The Applicant, office of the Director of Public prosecutions, has filed an application dated 28 th May 2026 seeking that this court reviews/correct its judgment/sentence delivered on 8th May 2026 and correct an error apparent on the face of the judgement to the effect that the trial at the lower court -Mpeketoni Law Courts was handled by two different magistrates – Aon R.M Chesoni and Hon.R.C Mwachi. 2. The application was supported by the affidavit of the Prosecutor who handled the case at the lower court, Abel Omariba, sworn on the 28th May 2026 in which he depones that it is not true that the case was handled by two different magistrates as Hon.R.M.Chesoni and Hon.R.C.Mwachi refer to the same person. It was deponed that the court mistook the same magistrate as
page 1 of 3
two different people and ordered a retrial on that basis. It was deposed that this is an error apparent on the face of the record. 3. The Respondent opposed the application for revision on the ground that the prosecution counsel only points typing errors in the judgment without considering the issues of fact and law raised in the amended grounds of appeal. That the judge only erred in typing errors and not in the facts/issues raised in the amended grounds. The Respondent urged the court to dismiss the application. 4. I have perused the lower courts file, my judgment delivered on the 8th May 2026 and the Respondent’s submissions in his appeal in Garsen High Court No. E004/2025. The Respondent in his submissions during the appeal submitted that the court record indicated that the case was handled by two different magistrtae’s – Hon.R.M Chesoni and R.C.Mwachi. That Hon.R.M Chesoni heard the evidence of 3 witnesses and that Hon.R.C Mwachi took over the case and heard the evidence of 2 witnesses. That Hon.R.C Mwachi did not comply with the provisions of Section 200(3) when he took over the case from Hon.R.N.Chesoni. The court in its judgment indicated that the magistrates there Hon.E.K.
page 2 of 3
Ruling delivered, dated and signed at GARSEN this 21st July 2026. J.N.NJAGI JUDGE In the presence of: Ms. Mkongo for Respondent Applicant – present virtually Court Assistant – Jumaa
page 3 of 3