Charles Henry Nyaoke v Cabinet Secretary, Ministry of Interior and Co-ordination of National Government & 4 others [2020] KEHC 1311 (KLR)
- Court
- High Court of Kenya
- Case number
- 1311
- Citation
- [2020] KEHC 1311 (KLR)
- Decided
- 27 November 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Constitutional and Criminal Procedure Code ViolationsPostureAppeal from a lower court decisionCoramE. Mwita, Kimondo, Kuloba, Korir W., Kuloba, Lenaola, Nyarangi, Onkwany
Holding
The petition is not res judicata, and the High Court has the authority to hear and determine criminal matters under the Constitution and the Criminal Procedure Code.
Facts
The original petitioner, Charles Henry Nyaoke, died at Kodiaga Prison. The petition was brought against the Cabinet Secretary, Ministry of Interior and Co-ordination of National Government, and four other respondents.
Issues
- Whether the petition is res judicata.
- Whether the initiation of murder trials at the High Court violates the Constitution or other statutes.
- Whether the petitioner or class of persons convicted of murder have been discriminated or denied their right of protection by or equality before the law.
- Whether the respondents have been properly impleaded.
- Whether the petitioner is entitled to the reliefs sought.
- Who should bear the costs of the petition?
Reasoning
The court determined that the High Court has jurisdiction to hear and determine criminal matters, and that the petition does not violate the Constitution or other statutes.
Outcome
The petition is not res judicata, and the High Court has the authority to hear and determine criminal matters.
Orders
- The 1st, 2nd, 3rd and 5th respondents shall align sections 3, 4 and 5 of the Criminal Procedure Code to the Constitution.
- The entire petition against the 4th respondent is struck out with no order as to costs.
- All other prayers in the petition are disallowed.
Remedies
- The 1st, 2nd, 3rd and 5th respondents shall align sections 3, 4 and 5 of the Criminal Procedure Code to the Constitution.
- The entire petition against the 4th respondent is struck out with no order as to costs.
Authorities cited
Legislation (6)
- Constitution of Kenya, 2010
- Criminal Procedure Code
- Office of the Director of Public Prosecutions Act, 2013
- Office of the Attorney General Act, 2012
- Kenya Law Reform Commission Act
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
Cases cited (4)
- Okiya Omtatah Okoiti v CAK & 14 others (2015) eKLR
- Samuel Kamau Macharia & Another v Kenya Commercial Bank Limited & 2 Others (2012) eKLR
- OWNERS OF MOTOR VESSEL LILIAN'S v CALTEX OIL (KENYA) LIMITED (1989) KLR 1
- In the matter of the Interim Independent Electoral Commission (Applicant) (2011) eKLR
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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