Republic v Lucy Ndunge [2015] KEHC 2151 (KLR)
- Court
- High Court of Kenya
- Case number
- 2151
- Citation
- [2015] KEHC 2151 (KLR)
- Decided
- 30 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplication for revision of acquittalCoramP. NYAMWEYA
Holding
The application for revision is declined as the Respondent has already been acquitted by the trial court and the remedy of revision is not available.
Facts
Respondent was charged with assault causing actual bodily harm. Prosecution indicated lack of evidence and the trial magistrate dismissed the case.
Issues
- Whether the remedy of revision is available for acquittals
- Whether the prosecution witnesses were properly informed of the hearing date
Reasoning
Section 364 of the Criminal Procedure Code explicitly states that the High Court cannot alter or reverse an order of acquittal using the powers of revision. The Respondent has been acquitted by the trial court, making the option of revision inapplicable.
Outcome
Application declined
Orders
- Order to be furnished to the Applicant without delay
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
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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