Republic v John Maina Mwangi [2014] KEHC 2137 (KLR)
- Court
- High Court of Kenya
- Case number
- 2137
- Citation
- [2014] KEHC 2137 (KLR)
- Decided
- 30 October 2014
The learned magistrate erred in dismissing the charges under section 89(5) of the Criminal Procedure Code, and the proceedings in Murang’a Chief Magistrate’s Court Criminal Case No. 354 of 2014 were a nullity.
Facts
Respondent was arrested for transporting alcoholic drinks without a license and charged with five counts under the Standards Act. The charges were later dismissed by the magistrate.
Issues
- Whether the learned magistrate erred in dismissing the charges under section 89(5) of the Criminal Procedure Code
- The correctness and legality of the proceedings and orders made in Kigumo Senior Principal Magistrate's Court Criminal Case No. 150 of 2014
Reasoning
The charges against the respondent were proper and validly before court, and the proceedings in the Chief Magistrate’s Court were a nullity.
Outcome
The orders made in Kigumo Senior Principal Magistrate's Court Criminal Case No. 150 of 2014 are reversed, and the respondent is reinstated for trial by any magistrate other than the ones who dismissed the charges.
Orders
- Except for the order for release of the motor-vehicle KXC 228 to the respondent, the order issued in Kigumo Senior Principal Magistrate’s Court Criminal Case No. 150 of 2014 discharging the respondent of all the counts with which he was charged is hereby reversed and/or set aside
- Kigumo Senior Principal Magistrate’s Court Criminal Case No. 150 of 2014 is hereby reinstated and the respondent shall be tried by any magistrate of competent jurisdiction other than the magistrates who dismissed the charges against him in Kigumo Senior Principal Magistrate’s Court Criminal Case No. 150 of 2014 and in Murang’a Chief Magistrate’s Court Criminal Case No. 354 of 2014
- Subject to the provisions of the Criminal Procedure Code, the state or the court are at liberty to alter the charge or counts against the respondent as appropriate if and when need arises
- The order summoning the officer commanding the Kigumo police station to appear in court is set aside
- The proceedings in Murang’a Chief Magistrate’s Court Criminal Case No. 354 of 2014 are hereby declared null and void
Remedies
- Reinstatement of the respondent for trial by any magistrate other than the ones who dismissed the charges against him in Kigumo Senior Principal Magistrate’s Court Criminal Case No. 150 of 2014 and in Murang’a Chief Magistrate’s Court Criminal Case No. 354 of 2014
Authorities cited
Legislation (3)
- Criminal Procedure Code
- Alcoholic Drinks Act No. 4 of 2010
- Standards Act (Cap. 496)
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