Republic v Nyakundi (Criminal Revision 524 of 2020) [2023] KEHC 1063 (KLR) (Crim) (19 January 2023) (Ruling)

Facts

The respondent was charged with manslaughter. The applicant requested to withdraw the charge, but the trial magistrate declined. The applicant then filed a revision application.

Issues

1. whether section 82 of the Code is inconsistent with article 157(8) and (11) of the Constitution
2. the effect of S.7 of the sixth schedule of the Constitution in application of S. 82 of the Code
3. the purview of 362 of the Code
4. the sustainability of the applicant's application for revision
5. the legality of the trial magistrate's finding
6. the propriety of the applicant's concurrent proceedings
7. the violation of the respondent's constitutional rights
8. the proper exercise of the power to prosecute
9. the exhaustion of the DPP's power to charge

Reasoning

The court determined that the applicant's application for revision was not sustainable and that the trial magistrate's decision was not illegal. The court also found that the applicant's concurrent proceedings were proper.

Outcome

Affirmed

Authorities cited