Kelvin Mutua Kioko & another v Republic [2005] KEHC 997 (KLR)
- Court
- High Court of Kenya
- Case number
- 997
- Citation
- [2005] KEHC 997 (KLR)
- Decided
- 17 August 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from an order granting a stay of execution of a ruling pending hearing and determination of the appealCoramR.V. WENDOH
Holding
The application is incompetent and improperly before the court and is hereby struck out
Facts
The appellants sought an order of stay of execution of a ruling delivered on 26/10/04 pending hearing and determination of the appeal. The State Counsel objected to the application, arguing that the application was wrongly before the court and that the orders sought were not available under the invoked rules.
Issues
- Whether the application was properly before the court
- Whether the orders granted were final and could be appealed
Reasoning
The court found that the application was improperly filed and that the orders granted were not final, thus not amenable to appeal. The court agreed with the State Counsel that the application should have invoked Section 357 of the Criminal Procedure Code instead of the Children’s Act.
Outcome
The application is struck out
Authorities cited
Legislation (3)
- Criminal Procedure Code
- Children's Act
- General Rules and Regulations
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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