[2023] KEHC 24103 (KLR)
The court held that the application by the bankrupt applicant to stay or quash criminal proceedings was incompetent because only the Official Receiver has the locus standi to move the court for orders in bankruptcy matters. The applicant's recourse, if facing criminal charges, is to present her bankruptcy status and...
Source-derived case information.
- Citation
- [2023] KEHC 24103 (KLR)
- Parties
- Applicant: Susan O Bukoshe; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Bankruptcy Cause 8 of 2014
- Procedural Posture
- Bankruptcy Cause / Ruling on Application to Stay Criminal Proceedings
- Outcome
- Application struck out as incompetent; file closed.
- Judges
- RE Aburili
- Legal Topics
- Bankruptcy Proceedings, Official Receiver Powers, Stay of Criminal Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan O Bukoshe
Applicant
State
Respondent
Procedural Posture
Bankruptcy Cause / Ruling on Application to Stay Criminal Proceedings
Legal Issues
- 1 Whether the High Court in bankruptcy proceedings can stay or quash criminal proceedings against a bankrupt applicant on her own application.
- 2 Whether only the Official Receiver has locus standi to move the court for orders in bankruptcy matters.
Ratio Decidendi
The court held that the application by the bankrupt applicant to stay or quash criminal proceedings was incompetent because only the Official Receiver has the locus standi to move the court for orders in bankruptcy matters. The applicant's recourse, if facing criminal charges, is to present her bankruptcy status and supporting material before the trial court handling the criminal case. The High Court in bankruptcy proceedings cannot entertain an application to stay or quash criminal proceedings at the instance of the bankrupt individual. Accordingly, the application was struck out as incompetent.
Court Disposition
Application struck out as incompetent; file closed.
Orders
- The application dated 12th October 2023 is struck out as incompetent.
- The file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Bukoshe v State (Bankruptcy Cause 8 of 2014) [2023] KEHC 24103 (KLR) (25 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24103 (KLR)
Republic of Kenya
In the High Court at Kisumu
Bankruptcy Cause 8 of 2014
RE Aburili, J
October 25, 2023
Between
Susan O Bukoshe
Applicant
and
State
Respondent
Ruling
1. From the documents filed by the Applicant Susan Ombuya Bukoshe, she was gazetted vide Gazette Notice No. 9910 of 27th November 2020 to be Bankrupt on account that she was unable to pay debts.
2. The Gazette Notice was issued by the Official Receiver, Mark Gakuru. It is dated 12th September 2020.
3. That being the case, only the Official Receiver can apply before this court for appropriate orders.
4. If the applicant is facing criminal charges, it is incumbent upon her to place before the trial court appropriate material to persuade the trial court that she cannot be prosecuted since she is Bankrupt.
5. It is not for this court to stay criminal proceedings on her application in these Bankruptcy proceedings as that would amount to hearing a petition staying and or seeking to quash criminal proceedings in Bankruptcy proceedings.
6. There are avenues by which the Applicant can approach this court through the Official Receiver.
7. In the circumstances, I find the application dated 12th October 2023 to be incompetent and the same is struck out.
8. I so order and close the file.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF OCTOBER, 2023. R.E. ABURILIJUDGE