REPUBLIC v ERICK MULI MUTUNGI [2009] KEHC 305 (KLR)
- Court
- High Court of Kenya
- Case number
- 305
- Citation
- [2009] KEHC 305 (KLR)
- Decided
- 15 December 2009
The High Court has no power to alter or revise the acquittal as provided by Section 202 of the Criminal Procedure Code, and the only remedy is for the State to appeal against the decision of the trial magistrate.
Facts
The complainant Regina Syomba, a minor, claimed she and her witnesses were present in court on August 14, 2009, but the trial magistrate acquitted the accused Erick Muli Mutungi under Section 202 of the Criminal Procedure Code due to the complainant's absence.
Issues
- Whether the trial magistrate's acquittal was legally correct
- The High Court's power to revise an acquittal
Reasoning
The High Court's powers under Section 362 to 367 of the Criminal Procedure Code are limited to cases where an accused person has not been acquitted. Since the trial magistrate acquitted the accused, the High Court cannot alter or revise this decision.
Outcome
The High Court dismissed the revision application and recommended that the State appeal the decision of the trial magistrate.
Remedies
- Appeal
Authorities cited
Legislation (1)
- Criminal Procedure Code
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