[2022] KEHC 10460 (KLR)

[2022] KEHC 10460 (KLR)

The court directed that the motion dated June 4, 2021, be heard inter partes on July 26, 2022, with notices to be issued to all respondents. The court further ordered that in the event of non-attendance, the cause would be dismissed without reference to the petitioner. These directions are grounded in the need to...

Source-derived case information.

Citation
[2022] KEHC 10460 (KLR)
Parties
Applicant: Abraham Wanjala Macho; Respondent: Officer Commanding Police Division (Ocpd) Lumakanda; Respondent: DCIO Lumakanda Police Division; Respondent: Officer Commanding Station Turbo P/Station; Respondent: Patrick Khaweli Iyaya
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Petition E17 of 2021
Procedural Posture
Criminal Petition / Interlocutory Ruling on Hearing Directions
Outcome
The motion is set for inter partes hearing; notices to issue; cause to be dismissed for non-attendance.
Judges
WM Musyoka
Legal Topics
Criminal Procedure, Interlocutory Applications, Dismissal for Non Attendance
Source Language
en
Criminal Law Criminal Procedure Interlocutory Applications Dismissal for Non Attendance

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Summary, issues, holding and outcome

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Parties

Abraham Wanjala Macho

Applicant

Officer Commanding Police Division (Ocpd) Lumakanda

Respondent

DCIO Lumakanda Police Division

Respondent

Officer Commanding Station Turbo P/Station

Respondent

Patrick Khaweli Iyaya

Respondent

Procedural Posture

Criminal Petition / Interlocutory Ruling on Hearing Directions

Legal Issues

  1. 1 Whether the motion dated June 4, 2021 should be set down for inter partes hearing.
  2. 2 Whether notices should be issued to all respondents.
  3. 3 Whether the petition should be dismissed for non-attendance without reference to the petitioner.

Ratio Decidendi

The court directed that the motion dated June 4, 2021, be heard inter partes on July 26, 2022, with notices to be issued to all respondents. The court further ordered that in the event of non-attendance, the cause would be dismissed without reference to the petitioner. These directions are grounded in the need to ensure procedural fairness and efficient administration of justice, while also safeguarding against unnecessary delays or abuse of court process. The ruling is strictly procedural and does not address the merits of the petition.

Court Disposition

The motion is set for inter partes hearing; notices to issue; cause to be dismissed for non-attendance.

Orders

  • The motion dated June 4, 2021, shall be heard inter partes on July 26, 2022.
  • The petitioner shall cause notices to be issued on all the respondents.