[2023] KEHC 19312 (KLR)
The court found that there were no pleadings or applications filed in the matter, and as such, there was nothing before the court to consider on merit. Consequently, the court ordered the closure of the file as there was no basis for further proceedings.
Source-derived case information.
- Citation
- [2023] KEHC 19312 (KLR)
- Parties
- Applicant: Isaac Birech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E117 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application/file closed for want of pleadings.
- Judges
- RE Aburili
- Legal Topics
- Criminal Procedure, Pleadings Absent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Birech
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether there are pleadings filed to warrant consideration of the application on merit.
Ratio Decidendi
The court found that there were no pleadings or applications filed in the matter, and as such, there was nothing before the court to consider on merit. Consequently, the court ordered the closure of the file as there was no basis for further proceedings.
Court Disposition
Application/file closed for want of pleadings.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Birech v Republic (Miscellaneous Criminal Application E117 of 2022) [2023] KEHC 19312 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19312 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E117 of 2022
RE Aburili, J
June 26, 2023
Between
Isaac Birech
Applicant
and
Republic
Respondent
Ruling
1. On November 7, 2022, this file was opened according to the CTS. However, there is no pleading filed and none could be retrieved for consideration by this court on merit.
2. Accordingly, this file is hereby closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE