BONIFACE MWAURA MWICHIGI v REPUBLIC [2007] KEHC 752 (KLR)
- Court
- High Court of Kenya
- Case number
- 752
- Citation
- [2007] KEHC 752 (KLR)
- Decided
- 12 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication to stay execution of order and make other ordersCoramGeorge Dulu
Holding
The application is incompetent and is struck out.
Facts
The applicant sought to stay the execution of a previous order by a senior resident magistrate and make other orders, while the respondent argued the application was incompetent.
Issues
- Whether the application is competent under section 357 of the Criminal Procedure Code
- Whether the court has jurisdiction to entertain the application
Reasoning
The application is not headed as a summons or notice of motion, and the decision of the High Court in revision is not annexed. The application is brought on the wrong legal basis and does not relate to a conviction or sentence.
Outcome
Application struck out
Authorities cited
Legislation (1)
- Criminal Procedure Code (Cap 75)
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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