REUBEN H. MULI vs REPUBLIC [1998] KECA 88 (KLR)
- Court
- Court of Appeal
- Case number
- 88
- Citation
- [1998] KECA 88 (KLR)
- Decided
- 18 December 1998
The acquittal order made on 25th October, 1991 is restored. The Chief Justice's order setting aside the acquittal is set aside.
Facts
The accused persons were charged with various offences, including robbery and stealing by persons employed in the Public Service. The learned Ag. Magistrate acquitted all accused persons on 25th October, 1991 due to lack of complainant. The Chief Justice set aside the acquittal on 3rd November, 1994.
Issues
- The Chief Justice's power to revise the acquittal under section 202 of the Criminal Procedure Code
- The jurisdiction of the Chief Justice to revise the acquittal in the absence of the accused persons
Reasoning
The Chief Justice had no jurisdiction to revise the acquittal under section 202 of the Penal Code and his order was not provided for in law. The acquittal is a bar to any subsequent information or complaint for the same matters against the same accused person.
Outcome
The appeal is allowed and the acquittal order is restored.
Orders
- The acquittal order made on 25th October, 1991 is restored.
- The appellant is directed to be tried afresh by a different magistrate.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
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