[2023] KEHC 19115 (KLR)
The court found that since the applicant had sought to withdraw his application for leave to appeal out of time and no further applications had been made by either party since July 28, 2022, there were no pending proceedings before the court. The court had already vacated previous orders granting leave to appeal and...
Source-derived case information.
- Citation
- [2023] KEHC 19115 (KLR)
- Parties
- Applicant: Delno Stafan Andreas; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E064 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Closure of File
- Outcome
- Application withdrawn and file closed.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Deportation Order, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Delno Stafan Andreas
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Closure of File
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time.
- 2 Whether the deportation order against the applicant should be stayed.
- 3 Whether the application should be withdrawn and the file closed.
Ratio Decidendi
The court found that since the applicant had sought to withdraw his application for leave to appeal out of time and no further applications had been made by either party since July 28, 2022, there were no pending proceedings before the court. The court had already vacated previous orders granting leave to appeal and staying the deportation order. In the absence of any active application or issue for determination, the court exercised its discretion to formally close the file, bringing the matter to a conclusion.
Court Disposition
Application withdrawn and file closed.
Orders
- The file is accordingly closed.
Full Case Text
Judgment text and source record
20 paragraphs
Andreas v Republic (Miscellaneous Criminal Application E064 of 2022) [2023] KEHC 19115 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19115 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E064 of 2022
RE Aburili, J
June 19, 2023
Between
Delno Stafan Andreas
Applicant
and
Republic
Respondent
Ruling
1. This matter was initiated on May 23, 2022 by Delno Stefan Andreas, who sought leave to appeal out of time from Kisumu CM Criminal No. 342 of 2013. Later he sought leave to withdraw the said application after it became apparent that he was about to complete his prison term on June 17, 2022 and that the deportation order was hanging on his head. He also sought to have the deportation order stayed.
2. On July 28, 2022, this court issued orders vacating the orders of July 20, 2022 granting him leave to appeal out of time and to engage an advocate. The court also vacated stay of deportation order which was issued on July 20, 2022 and directed him to report to the OCS Kisumu Central Police station and if he defaults, a warrant of arrest to issue.
3. No application has been lodged to this court since July 28, 2022, by either the Applicant/Convict or the prosecution.
4. For the above reasons, and as there is no other pending proceeding, this file is accordingly closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE