Justine Gachoki Ndegwa & another v Republic [2002] KECA 255 (KLR)
- Court
- Court of Appeal
- Case number
- 255
- Citation
- [2002] KECA 255 (KLR)
- Decided
- 2 August 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a revision order of the High Court of KenyaCoramJ.E. Gicheru, A.A. Lakha, M. Ole Keiwa
Holding
The superior court had no jurisdiction to make the order in revision, and the order is set aside.
Facts
The appellants and eleven others were charged with murder, acquitted by the Senior Resident Magistrate, and the High Court later set aside the acquittal.
Issues
- Superior court's jurisdiction to revise acquittal
- Superior court's jurisdiction to make revisional order
Reasoning
The court found the superior court lacked jurisdiction to revise the acquittal due to the clear and express words of section 364(1)(b) of the Criminal Procedure Code, and the order was a nullity.
Outcome
The appeal is allowed, and the order of the superior court is set aside.
Authorities cited
Legislation (1)
- Criminal Procedure Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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