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Republic v Njoroge (Criminal Case 113 of 2013) [2023] KEHC 2214 (KLR) (Crim) (20 March 2023) (Order)
Neutral citation:
[2023] KEHC 2214 (KLR)
Republic of Kenya
Criminal Case 113 of 2013
JM Bwonwong'a, J
March 20, 2023
Between
Republic
Prosecutor
and
Harrison Kamau Njoroge
Accused
Order
1.It is only those who are convicted of an offence that are allowed to appeal to a higher court in terms of article 50 (2) (q) of the 2010 Constitution of Kenya. And even then the appeal has to follow the prescribed law.
2.Furthermore, under Section 379 of the Criminal Procedure Code (Cap 75) Laws of Kenya, it is only those who have been convicted by the High Court in its trial capacity, that have a right of appeal to the Court of Appeal.
3.The accused person is not a convicted person. Therefore, he has no right of appeal. He was only found guilty of murder but insane under Section 166 Criminal Procedure Code.
4.There is no right of appeal against the order of this court that found the guilty of murder but insane. And I therefore do not agree with the prosecutor (Ms Dela) and Mr. Amutallah for the accused that the accused has a right of appeal.
5.I therefore reject the application of the accused to appeal to Court of Appeal.
ORDER SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 20TH DAY OF MARCH 2023.J M BWONWONG’AJUDGEIn the presence of-Mr. Kinyua: Court AssistantMs Peris Maina for the RepublicMr. Amutallah for the accused.The accused in person.
