[2020] KEHC 1376 (KLR)
The court allowed the application because it was unopposed by the state and found no reason to deny the relief sought by the applicant. The absence of opposition and the court's discretion to grant unopposed applications formed the basis of the decision.
Source-derived case information.
- Citation
- [2020] KEHC 1376 (KLR)
- Parties
- Applicant: Andrew Kegode Mmbaiza; Respondent: OCS Embakasi Police Station; Respondent: OCS Nyayo Stadium Police; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 149 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Unopposed Application
- Outcome
- Application allowed in terms of prayer 3. No orders as to costs.
- Legal Topics
- Police Powers, Criminal Procedure, Unopposed Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Kegode Mmbaiza
Applicant
OCS Embakasi Police Station
Respondent
OCS Nyayo Stadium Police
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Unopposed Application
Legal Issues
- 1 Whether the applicant is entitled to the reliefs sought in the application dated 25.6.2019.
- 2 Whether there is any opposition from the state to the applicant's request.
Ratio Decidendi
The court allowed the application because it was unopposed by the state and found no reason to deny the relief sought by the applicant. The absence of opposition and the court's discretion to grant unopposed applications formed the basis of the decision.
Court Disposition
Application allowed in terms of prayer 3. No orders as to costs.
Orders
- The application dated 25.6.2019 is allowed in terms of prayer 3.
- No orders as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL MISC. APPLICATION CASE NO.149 OF 2019
ANDREW KEGODE MMBAIZA.......................... APPLICANT
VERSUS
OCS EMBAKASI POLICE STATION.................RESPONDENT
OCS NYAYO STADIUM POLICE........................RESPONDENT
DIRECTOR OF PUBLIC PROSECUTIONS .....RESPONDENT
RULING
This matter comes up for the application of the applicant ANDREW KEGODO MUMBAIZA dated 25. 6.2019. The state has not opposed the application. The application is accordingly allowed in terms of prayer 3. No orders as to costs.
HON. JUSTICE D. OGEMBO OGOLA
13TH OCTOBER.2020