BORNFACE ODUOR AKIVINGA & ANOTHER v REPUBLIC [2006] KEHC 300 (KLR)
- Court
- High Court of Kenya
- Case number
- 300
- Citation
- [2006] KEHC 300 (KLR)
- Decided
- 22 December 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRevisionPostureApplicants seek to revise a Magistrate's order that the trial should start de novo.CoramN.R.O. OMBIJA
Holding
The High Court orders that the proceedings proceed from the defence stage before a DM.II or a Magistrate of concurrent jurisdiction based at Busia Principal Magistrate's Court.
Facts
The prosecution closed its case on June 10, 2003, and the trial Magistrate ordered the case to start de novo on November 19, 2003. The prosecution applied for revision on May 5, 2006.
Issues
- Whether the Magistrate erred in ordering the trial to start de novo.
- Whether the High Court has jurisdiction to review the Magistrate's order.
Reasoning
The court finds the Magistrate's order to start de novo was a grave error in law due to the inability to procure prosecution witnesses without unnecessary delay and misplaced exhibits.
Outcome
The High Court grants the application for revision.
Orders
- Proceedings to proceed from the defence stage before a DM.II or a Magistrate of concurrent jurisdiction based at Busia Principal Magistrate's Court.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Magistrate's Courts Act
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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