[2021] KEHC 3069 (KLR)
The court found that the application did not demonstrate any urgency and therefore declined to certify it as urgent. Furthermore, the supporting affidavit was not commissioned, rendering the application incompetent. As a result, the court struck out the application and ordered the file closed, emphasizing the...
Source-derived case information.
- Citation
- [2021] KEHC 3069 (KLR)
- Parties
- Applicant: Joseph Opiyo Marende; Applicant: Isaiah Otieno Sumba; Applicant: Moses Omondi Ombok; Applicant: John Etiang’ Obwin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E100 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Certification of Urgency and Competence of Application
- Outcome
- application struck out as incompetent; file closed
- Judges
- RE Aburili
- Legal Topics
- Urgency Certification, Affidavit Commissioning, Striking Out Incompetent Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Opiyo Marende
Applicant
Isaiah Otieno Sumba
Applicant
Moses Omondi Ombok
Applicant
John Etiang’ Obwin
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Certification of Urgency and Competence of Application
Legal Issues
- 1 Whether the application filed under certificate of urgency demonstrates sufficient urgency to warrant certification as urgent.
- 2 Whether an application supported by an uncommissioned affidavit is competent before the court.
Ratio Decidendi
The court found that the application did not demonstrate any urgency and therefore declined to certify it as urgent. Furthermore, the supporting affidavit was not commissioned, rendering the application incompetent. As a result, the court struck out the application and ordered the file closed, emphasizing the mandatory requirement for affidavits to be properly commissioned for applications to be competent before the court.
Court Disposition
application struck out as incompetent; file closed
Orders
- The application is not certified as urgent.
- The application is struck out for being supported by an uncommissioned affidavit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E100 OF 2021
CORAM: HON. R.E. ABURILI, J
JOSEPH OPIYO MARENDE........................................................1ST APPLICANT
ISAIAH OTIENO SUMBA.............................................................2ND APPLICANT
MOSES OMONDI OMBOK..........................................................3RD APPLICANT
JOHN ETIANG’ OBWIN..............................................................4TH APPLICANT
VERSUS
REPUBLIC..........................................................................................RESPONDENT
RULING
1. I observe that the Application filed on 14/9/2021 is made under Certificate of urgency. I however find no urgency involved. I decline to certify it as urgent.
2. Further, the application is supported by an affidavit which is not commissioned. The same is found to be incompetent. It is hereby struck out.
3. File closed.
4. Applicants to be notified.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF SEPTEMBER 2021.
R.E. ABURILI
JUDGE