[2023] KEHC 2638 (KLR)
The court found that the application was incompetent because it sought orders that had already been granted in Criminal Appeal E032 of 2022. Additionally, the appellant disclaimed knowledge of the advocate who filed the application, raising questions about proper representation. The combination of duplicative relief...
Source-derived case information.
- Citation
- [2023] KEHC 2638 (KLR)
- Parties
- Appellant: Ahmed Qureishi Kaelley; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E048 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Notice of Motion to Seek Orders Already Granted in Another File
- Outcome
- application dismissed
- Judges
- JN Onyiego
- Legal Topics
- Criminal Appeal Procedure, Duplicative Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ahmed Qureishi Kaelley
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Notice of Motion to Seek Orders Already Granted in Another File
Legal Issues
- 1 Whether the application is competent given that similar orders were already granted in Criminal Appeal E032 of 2022.
- 2 Whether the applicant is properly represented by the advocate who filed the application.
Ratio Decidendi
The court found that the application was incompetent because it sought orders that had already been granted in Criminal Appeal E032 of 2022. Additionally, the appellant disclaimed knowledge of the advocate who filed the application, raising questions about proper representation. The combination of duplicative relief sought and questionable representation led the court to dismiss the application and close the file.
Court Disposition
application dismissed
Orders
- The application dated August 25, 2022 is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
Kaelley v Republic (Criminal Appeal E048 of 2022) [2023] KEHC 2638 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2638 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Appeal E048 of 2022
JN Onyiego, J
March 27, 2023
Between
Ahmed Qureishi Kaelley
Appellant
and
Republic
Respondent
Ruling
1. I have considered the notice of motion dated August 25, 2022 together with the affidavit in support. A perusal of Criminal Appeal Number. E032 of 2022 reveals that a similar application was filed and orders already made.
2. The appellant does not know the advocate by the name of Wanyoike who has filed this application.
3. In my view, this application is incompetent as it seeks orders already granted in another file. Accordingly, the application is dismissed and file closed.
RULING READ, DELIVERED IN OPEN COURT THIS…27TH DAY OF …...MARCH………, 2023. J. N. ONYIEGOJUDGEIn the Presence of:Appellant/ ApplicantMr. Kihara for the state.Martin/ Mohamed- Court Assistants.Mr. Wanyoike for the Accused - Absent.J.N. ONYIEGOJUDGE