[2020] KEHC 528 (KLR)
The High Court found that it lacked jurisdiction to issue the orders sought by the applicant for review of the forfeiture ruling made in Ukwala PMC Criminal Case No. E7 of 2020. The absence of jurisdiction was determinative, and as such, the application was dismissed without consideration of the merits.
Source-derived case information.
- Citation
- [2020] KEHC 528 (KLR)
- Parties
- Applicant: Emily Akinyi Odede; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E028 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Forfeiture of Property, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Emily Akinyi Odede
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review the ruling on forfeiture of the motor cycle in Ukwala PMC Criminal Case No. E7 of 2020.
Ratio Decidendi
The High Court found that it lacked jurisdiction to issue the orders sought by the applicant for review of the forfeiture ruling made in Ukwala PMC Criminal Case No. E7 of 2020. The absence of jurisdiction was determinative, and as such, the application was dismissed without consideration of the merits.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. EO28 OF 2020
EMILY AKINYI ODEDE.................................................................PETITIONER
VERSUS
REPUBLIC.......................................................................................RESPONDENT
(Being an application for revision of sentence in Ukwala PMC Criminal Case No. E7 of 2020 delivered 3. 12. 2020. )
RULING
1. I have considered the application dated 18. 12. 2020 by Emily Akinyi Odede seeking orders for review of ruling dated 3. 12. 2020 for forfeiture of a motor cycle KMEX 544H make Bajaj Boxer in Ukwala Miscellaneous Application E7/2020.
2. This court is devoid of jurisdiction to issue orders sought.
3. The application is dismissed.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF DECEMBER, 2020
R.E. ABURILI
JUDGE