Oyembo v Republic [2024] KEHC 1754 (KLR)

Oyembo v Republic (Criminal Revision E003 of 2024) [2024] KEHC 1754 (KLR) (27 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1754 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E003 of 2024

DO Ogembo, J

February 27, 2024

Between

Ayub Mbudi Oyembo

Applicant

and

Republic

Respondent

(Being an application for revision from Orders of Hon. J.P. Mkala, Resident Magistrate, dated 8/2/2024 in Siaya Chief Magistrate’s court, Criminal Case No. E859 of 2021)

Ruling

1. I have considered this matter and the letter of the trial magistrate dated 9-2-2024. I have also considered the circumstances of this case and the nature of the charges as shown on the charge sheet. I have further considered the fact that the Prosecution had asked for a withdrawal of this case under Section 87(a) of the CPC.

2. Section 362 of the Criminal Procedure Code, guarantees the powers of revision to this court in cases where there is an error, illegality or an impropriety in any orders or findings of a subordinate court.

3. I am convinced that there is an error in the order that the trial magistrate made in this matter on 8-2-2024 and that it would be in the interest of justice for this court to exercise its revisionary powers.

4. I accordingly revise and set aside the orders issued by the Hon. J.P. Mkala on 8/2/2024. I order that this case be reinstated for hearing. I order that this case be mentioned before the trial court on 28-2-2024 for fixing of a hearing date and for further necessary orders.Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF FEBRUARY, 2024. D.O. OGEMBOJUDGE2. 2024