Republic v Robert Cheruiyot & another [2016] KEHC 2298 (KLR)
- Court
- High Court of Kenya
- Case number
- 2298
- Citation
- [2016] KEHC 2298 (KLR)
- Decided
- 24 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling acquitting the 2nd accused in an anti-corruption caseCoramM. Odero
Holding
The court declines to grant a stay and directs the trial magistrate to include the reasons for the acquittal in her final judgment.
Facts
The 2nd accused, JUDITH NYAGOL, was acquitted by the trial magistrate under Section 210 of the Criminal Procedure Code after calling twelve witnesses. The 1st accused, ROBERT CHERUIYOT, was placed on his defence.
Issues
- Whether to grant a stay of the proceedings pending an appeal
- Whether to direct the trial magistrate to include reasons for the acquittal in her final judgment
Reasoning
The court finds no justification in staying the proceedings to await the appeal and directs the trial magistrate to include the reasons for the acquittal in her final judgment to avoid prejudicing the remaining proceedings.
Outcome
The appeal is dismissed and the trial proceeds.
Orders
- The trial is not stayed
- The trial magistrate is directed to include the reasons for the acquittal in her final judgment
Authorities cited
Legislation (1)
- Criminal Procedure 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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