[2022] KEHC 14431 (KLR)

[2022] KEHC 14431 (KLR)

The court found that the applicant failed to comply with repeated court orders to file lower court proceedings necessary for the determination of his application under section 333(2) of the Criminal Procedure Code. The applicant was granted two extensions but did not take any steps to comply. The court held that it...

Source-derived case information.

Citation
[2022] KEHC 14431 (KLR)
Parties
Applicant: Stephen Odhiambo Ajoki; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E077 of 2021
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration Under Section 333(2) of the Criminal Procedure Code
Outcome
application dismissed for noncompliance and lack of substance
Judges
RE Aburili
Legal Topics
Sentencing Credit, Section 333 2 Application, Noncompliance With Court Orders
Source Language
en
Criminal Law Sentencing Credit Section 333 2 Application Noncompliance With Court Orders

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Summary, issues, holding and outcome

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Parties

Stephen Odhiambo Ajoki

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Consideration Under Section 333(2) of the Criminal Procedure Code

Legal Issues

  1. 1 Whether the applicant complied with court orders to file lower court proceedings to enable consideration under section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the application should be dismissed for noncompliance and lack of substance.

Ratio Decidendi

The court found that the applicant failed to comply with repeated court orders to file lower court proceedings necessary for the determination of his application under section 333(2) of the Criminal Procedure Code. The applicant was granted two extensions but did not take any steps to comply. The court held that it cannot keep the file dormant indefinitely and that the applicant's lack of action demonstrated a lack of interest in pursuing the matter. Consequently, the application was dismissed for noncompliance with court orders and for lack of substance.

Court Disposition

application dismissed for noncompliance and lack of substance

Orders

  • The application filed on September 14, 2021 is dismissed for noncompliance with court orders and for lack of substance.
  • The file is closed.