[2023] KEHC 2584 (KLR)
The court found that the applicant, having paid the fine imposed by the lower court and having failed to appear or prosecute his application for leave to appeal out of time since filing, demonstrated no interest in pursuing the matter. Consequently, the court exercised its discretion to dismiss the application for...
Source-derived case information.
- Citation
- [2023] KEHC 2584 (KLR)
- Parties
- Applicant: Khalif Aden Mire; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 34 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed for want of prosecution
- Judges
- JN Onyiego
- Legal Topics
- Leave to Appeal Out of Time, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Khalif Aden Mire
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal out of time.
- 2 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant, having paid the fine imposed by the lower court and having failed to appear or prosecute his application for leave to appeal out of time since filing, demonstrated no interest in pursuing the matter. Consequently, the court exercised its discretion to dismiss the application for want of prosecution and ordered the file closed.
Court Disposition
application dismissed for want of prosecution
Orders
- The application is dismissed for want of prosecution.
- The file is closed.
Full Case Text
Judgment text and source record
17 paragraphs
Mire v Republic (Miscellaneous Criminal Application 34 of 2020) [2023] KEHC 2584 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2584 (KLR)
Republic of Kenya
In the High Court at Garissa
Miscellaneous Criminal Application 34 of 2020
JN Onyiego, J
March 27, 2023
Between
Khalif Aden Mire
Applicant
and
Republic
Respondent
Ruling
1. Vide a Chamber summons filed on 29-7-2020, the applicant sought leave to appeal out of time. He however, paid the fine imposed by the Lower court on 23-3-2021. Since then, he has never appeared to prosecute his application.
2. It would appear that he has no interest in the matter. Accordingly, the application is dismissed for want of prosecution and the file therefore closed.
RULING READ, DELIVERED IN OPEN COURT THIS 27TH DAY OF MARCH, 2023. J. N. ONYIEGOJUDGEIn the Presence of:Mr. Kihara for the state.Martin/ Mohamed- Court Assistants.Applicant - Absent.J.N. ONYIEGOJUDGE