PATRICK LESHORE v MOSES KARANJA MACHAIRA,JENIFFER MALITO LEKISAAT & NYAWEKA MUCHEKA [2010] KEHC 1571 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Revision 343 of 2010

PATRICK LESHORE.............................................APPLICANT

VERSUS

MOSES KARANJA MACHAIRA................1ST RESPONDENT

JENIFFER MALITO LEKISAAT..............2ND RESPONDENT

NYAWEKA MUCHEKA..............................3RD RESPONDENT

RULING

Applicant was the complainant in Criminal Case No. 258 of 2006 at the Senior Resident Magistrate’s court at Maralal in which the respondents were charged with conspiracy to murder contrary to Section 393 of the Penal Code.After hearing the case the trial court found that the respondents had no case to answer and acquitted them under Section 210 of the Criminal Procedure Code

The state applied in High Court Misc. Appl. Nos. 96, 97 and 98 of 2009 for leave to appeal out of time.The application was seriously contested.I dismissed it after hearing it inter-partes.

The applicant has now applied for the revision of my order under Section 364 of the Criminal Procedure Code.

Having dismissed the applications for leave to appeal out of time I have no powers under Section 364 of the Criminal Procedure Code or any other law to revise my order of dismissal.In the circumstances, much as I understand the applicant’s complaint and sympathise with him, I have no choice but to dismiss this application which I hereby do.

DATED and DELIVERED this 28th day of July, 2010.

D. K. MARAGA

JUDGE.