https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7268
The applicant failed to establish any sufficient legal basis for the High Court to interfere with the trial court’s ruling of 12 February 2026, and additionally failed to attend and prosecute the application; the application was therefore dismissed and the lower court decision left undisturbed.
Source-derived case information.
- Citation
- [2026] KEHC 7268 (KLR)
- Parties
- Applicant: FRIDAY KINARA KINGOINI; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E031 of 2026
- Procedural Posture
- Criminal Revision / Ruling on Application for Stay, Review, and Setting Aside
- Outcome
- Application dismissed for want of prosecution; no interference with the trial court ruling.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Obtaining Money by False Pretence, Revision, Stay of Proceedings, Review or Setting Aside of Ruling, Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FRIDAY KINARA KINGOINI
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Stay, Review, and Setting Aside
Legal Issues
- 1 Whether the High Court should interfere with the trial court ruling delivered on 12 February 2026
- 2 Whether the applicant established a legal basis for stay, review, or setting aside
- 3 Whether the application should be dismissed for want of prosecution
Ratio Decidendi
The applicant failed to establish any sufficient legal basis for the High Court to interfere with the trial court’s ruling of 12 February 2026, and additionally failed to attend and prosecute the application; the application was therefore dismissed and the lower court decision left undisturbed.
Court Disposition
Application dismissed for want of prosecution; no interference with the trial court ruling.
Orders
- The application dated 25 March 2026 is dismissed.
- The ruling delivered on 12 February 2026 remains undisturbed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **CRIMINAL REVISION NO. E031 OF 2026** FRIDAY KINARA KINGOINI…….…....…….………………APPLICANT VERSUS REPUBLIC………………………………………………..…...RESPONDENT **RULING.** 1. The applicant was charged with the offence of obtaining money by false pretence contrary to Section 313 of the Penal Code. 2. The applicant has filed the present application dated 25 March 2026 seeking, inter alia, orders staying proceedings in Kibera Chief Magistrate’s Court Criminal Case No. MCCR/E831/2024 pending the hearing and determination of this application. The applicant further seeks that the ruling delivered on 12th February 2026 be set aside and/or reviewed, and that consequential orders be issued in his favour. 3. I have considered the application, the supporting grounds, and the applicable law. The applicant has not demonstrated any sufficient legal basis to warrant interference with the ruling of the trial court delivered on 12 February 2026. No procedural impropriety, error on the face of the record, or other grounds for review or setting aside have been established. In the circumstances, the decision of the trial court remains sound in law and fact. 4. It is further noted that the applicant failed to attend and prosecute the application. The matter therefore stands dismissed for want of prosecution. Orders accordingly **Ruling dated and delivered virtually this 25th day of May 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE**