Kagombe v Republic (Miscellaneous Criminal Application E068 of 2025) [2026] KEHC 5291 (KLR) (24 April 2026) (Ruling)

The application to reinstate was brought promptly, the explanation for non-attendance was satisfactory, and the respondent would not be prejudiced; therefore, reinstatement was allowed.

Citation: [2026] KEHC 5291 (KLR)
Parties: Applicant: John Patrick Kagombe; Respondent: Republic
Court: High Court
Jurisdiction: Kenya
Judgment Date: 24 April 2026
Case Number: Miscellaneous Criminal Application E068 of 2025
Procedural Posture: Miscellaneous Criminal Application / Ruling on Application to Reinstate Earlier Application
Outcome: Application allowed
Legal Topics: Reinstatement of Application, Non Attendance, Exercise of Discretion
Source Language: English

Criminal Procedure Reinstatement of Application Non Attendance Exercise of Discretion

Case Brief

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Parties

John Patrick Kagombe

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application to Reinstate Earlier Application

Legal Issues

1 Whether the application dated 14th November 2025 should be reinstated after non-attendance by applicant and advocate

Ratio Decidendi

The application to reinstate was brought promptly, the explanation for non-attendance was satisfactory, and the respondent would not be prejudiced; therefore, reinstatement was allowed.

Court Disposition

Application allowed

Orders

Prayer (b) of the Notice of Motion dated 2nd December 2025 allowed
Application dated 14th November 2025 reinstated for hearing