Gichuki v Republic (Criminal Appeal E044 of 2022)  KEHC 15652 (KLR) (24 November 2022) (Judgment)
Neutral citation:  KEHC 15652 (KLR)
Republic of Kenya
Criminal Appeal E044 of 2022
MM Kasango, J
November 24, 2022
(Being an appeal from the Ruling and order the Senior Principal Magistrate’s Court at Ruiru (Hon. J.A. Agonda, PM) dated 4th July, 2022 in Criminal Case No. 270 of 2021)
1.Taratsio Gichuki has filed an appeal against a ruling of the Principle Magistrate charged before the Ruiru dated July 4, 2022. By that Ruling, the Magistrate’s Court made a finding that the prosecution had disclosed a prima facie case and therefore put the appellant, who is the accused thereof, to his defence.
2.Section 347 (1) and (2) of the Criminal Procedure Code provide that an appeal from a conviction from a trial before a magistrate’s court lies in the High Court. Such an appeal as stated in section 347(2) is on matters of law and facts. The appellant hereof was not convicted in the Ruiru Magistrate’s Court’s case. That court made a finding that he had a case to answer. Section 347(1) and (2) provides thus:-
3.The appellant is essentially seeking to appeal an interlocutory order. In the case Onesmus Kimanyi Ngila Vs. Republic (2020) eKLR Justice D.O. Ogembo discussed the provisions of section 347 and its application to an appeal against interlocutory order and the learned judge stated:-
4.Bearing the above in mind this appeal shall be struck out in limine. This court will require the Deputy Registrar to open a revision file. Revision is the correct action this court can take in respect of the order of Ruiru Magistrate’s Court of July 4, 2022.
5.The orders of the court are that:-a.This appeal is hereby struck out in limineb.The file shall henceforth be closed.c.The Deputy Registrar of this court is requested to open a revision file on the matter brought forth in this appeal and the same be placed before this court for action.
RULING DATED AND DELIVERED AT KIAMBU THIS 24TH DAY OF NOVEMBER, 2022.MARY KASANGOJUDGECoram:Court Assistant: JuliaMr. Masariru instructed by Masaviru & Ketoo Advocates for the appellant:For the Respondent (DPP) : - KasyokaCOURTRuling delivered virtually.MARY KASANGOJUDGE