[2013] KEHC 830 (KLR)
The court found that the applicant failed to prosecute his application for the release of the power saw, as he did not attend the hearing. Additionally, there was insufficient evidence before the court to establish that the applicant was the true owner of the power saw. Consequently, the application lacked merit and...
Source-derived case information.
- Citation
- [2013] KEHC 830 (KLR)
- Parties
- Applicant: Jeremiah Onyango Atanas; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 53 of 2013
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Forfeiture of Property, Criminal Procedure, Forest Offences
- 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
Jeremiah Onyango Atanas
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to the release of the power saw pending the conclusion of criminal proceedings.
- 2 Whether the applicant has established ownership of the power saw.
Ratio Decidendi
The court found that the applicant failed to prosecute his application for the release of the power saw, as he did not attend the hearing. Additionally, there was insufficient evidence before the court to establish that the applicant was the true owner of the power saw. Consequently, the application lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for release of the power saw is dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL MISC. APPLICATION NO. 53 OF 2013
JEREMIAH ONYANGO ATANAS ……………. APPLICANT
VERSUS
REPUBLIC …………………………………… RESPONDENT
RULING
This application dated 20th August, 2013 has been filed by Jeremiah Onyango Atanas. It is an application for release of a power saw, the subject of criminal charges under the Forest Act in CMCR.CASE NO.15021 of 2013 at Kakamega.
On the hearing date which was 23/10/2013, the applicant did not attend court. Ms Opiyo for the State informed the court that the power saw was in the custody of the Forest Department, and that it was not clear from documents filed, whether the applicant was the true owner of the power saw.
In the circumstances of this matter, since the applicant did not prosecute his application, I find no merits in the application and dismiss the same.
Dated and delivered at Kakamega this 21st day of November, 2013
George Dulu
JUDGE