[2024] KEHC 5483 (KLR)
The court allowed the withdrawal of the application for review of the warrant of arrest as it had been overtaken by events and there was no objection from the respondent. The application was marked as withdrawn and the lower court file was ordered to be returned to the trial court for further hearing.
Source-derived case information.
- Citation
- [2024] KEHC 5483 (KLR)
- Parties
- Applicant: Fred Kiio Kavila; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 104 of 2023
- Procedural Posture
- Criminal Revision / Withdrawal of Application Prior to Hearing
- Outcome
- Application marked as withdrawn.
- Judges
- DR Kavedza
- Legal Topics
- Criminal Revision, Warrant of Arrest, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fred Kiio Kavila
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Withdrawal of Application Prior to Hearing
Legal Issues
- 1 Whether the application for review of the warrant of arrest should proceed after being overtaken by events.
Ratio Decidendi
The court allowed the withdrawal of the application for review of the warrant of arrest as it had been overtaken by events and there was no objection from the respondent. The application was marked as withdrawn and the lower court file was ordered to be returned to the trial court for further hearing.
Court Disposition
Application marked as withdrawn.
Orders
- The application is marked as withdrawn.
- The lower court file to be returned to the trial court for further hearing.
Full Case Text
Judgment text and source record
19 paragraphs
Kavila v Republic (Criminal Revision 104 of 2023) [2024] KEHC 5483 (KLR) (22 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5483 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 104 of 2023
DR Kavedza, J
May 22, 2024
Between
Fred Kiio Kavila
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed a notice of motion dated 14th December 2023 seeking the review of orders of the trial court issuing a warrant of arrest against the applicant. The application was supported by an affidavit sworn by the applicant.
2. On the 22nd May 2024, when the matter came up for hearing of the application, the applicant’s advocate informed the court that he intended to withdraw his application as the same had been overtaken by events.The respondent did not raise an objection.
3. The upshot of the above is that the application is marked as withdrawn. The lower court file to be returned to trial court for further hearing.
Orders accordingly.
Ruling dated and delivered this 22nd day of May 2024_________________D. KAVEDZAJUDGE