[2023] KEHC 19448 (KLR)
The court found that since no pleadings were filed in the matter, there was nothing before it to consider or determine on merit. Consequently, the file was closed as there was no substantive application or issue pending for adjudication.
Source-derived case information.
- Citation
- [2023] KEHC 19448 (KLR)
- Parties
- Applicant: Fredrick Omondi Kwoch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E083 of 2022
- Procedural Posture
- Criminal Revision / File Closure Due to Absence of Pleadings
- Outcome
- file closed without consideration on merit
- Judges
- RE Aburili
- Legal Topics
- Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Omondi Kwoch
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / File Closure Due to Absence of Pleadings
Legal Issues
- 1 Whether there are pleadings filed to warrant consideration of the matter on merit.
Ratio Decidendi
The court found that since no pleadings were filed in the matter, there was nothing before it to consider or determine on merit. Consequently, the file was closed as there was no substantive application or issue pending for adjudication.
Court Disposition
file closed without consideration on merit
Orders
- The file is closed as no pleading could be retrieved for consideration.
Full Case Text
Judgment text and source record
18 paragraphs
Kwoch v Republic (Criminal Revision E083 of 2022) [2023] KEHC 19448 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19448 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E083 of 2022
RE Aburili, J
June 26, 2023
Between
Fredrick Omondi Kwoch
Applicant
and
Republic
Respondent
Ruling
1. This file was opened on 19th December 2022 according to the CTS. However, no pleading was filed and there is therefore nothing pending for consideration on merit.
2. For the above reasons, I hereby close this file as no pleading could be retrieved for consideration. File closed.
3. Orders accordingly.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE