REPUBLIC V MOSEKI SAKI PAULO [2009] KEHC 169 (KLR)
- Court
- High Court of Kenya
- Case number
- 169
- Citation
- [2009] KEHC 169 (KLR)
- Decided
- 15 December 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplicant seeks revision of acquittal by Resident MagistrateCoramM. ODERO
Holding
The High Court has no power to alter or reverse the acquittal as it is not an order of acquittal.
Facts
The Resident Magistrate acquitted the accused person under S. 215 of the Criminal Procedure Code on 27th August 2009.
Issues
- Whether the High Court has the power to review the acquittal by the Resident Magistrate
Reasoning
The High Court's powers to review decisions are limited to cases where the record has been called for or reported for orders. The acquittal is not an order that can be altered or reversed.
Outcome
The High Court dismisses the request for revision and advises the State to appeal the decision if it wishes to do so.
Remedies
- State to appeal the decision of the trial court
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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