[2022] KEHC 2718 (KLR)
The court did not make a final determination on the merits of the application for revision. Instead, it issued procedural directions: the applicant must serve the ODPP for inter partes hearing, and the trial court file must be forwarded to the High Court for perusal. The court also directed the applicant's advocate...
Source-derived case information.
- Citation
- [2022] KEHC 2718 (KLR)
- Parties
- Applicant: Moses Assanga Amukola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E003 of 2022
- Procedural Posture
- Criminal Revision / Interlocutory Application for Revision; Directions Issued
- Outcome
- directions issued; no final orders on merits
- Judges
- RE Aburili
- Legal Topics
- Criminal Revision, Forfeiture of Property, Motor Vehicle Forfeiture
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Assanga Amukola
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Application for Revision; Directions Issued
Legal Issues
- 1 Whether the orders for forfeiture of motor vehicle KDB 024Y ISUZU NMR in Ukwala PM Cr Case No E644/2021 should be revised.
- 2 Whether proper service and procedural requirements have been met for the revision application.
Ratio Decidendi
The court did not make a final determination on the merits of the application for revision. Instead, it issued procedural directions: the applicant must serve the ODPP for inter partes hearing, and the trial court file must be forwarded to the High Court for perusal. The court also directed the applicant's advocate to provide missing professional details. The ruling is thus limited to ensuring procedural compliance and facilitating the proper hearing of the revision application.
Court Disposition
directions issued; no final orders on merits
Orders
- Applicant to serve the ODPP for inter partes consideration.
- Ukwala PM Cr Case No E644/2021 file to be forwarded to the High Court forthwith.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E003 OF 2022
CORAM: HON. R.E. ABURILI, J
MOSES ASSANGA AMUKOLA................................................................APPLICANT
VERSUS
REPUBLIC................................................................................................RESPONDENT
(An Application arising from conviction and sentence of Ukwala PM’s Court,
Criminal Case No. E644 of 2021 by Hon. C.I. Agutu, SRM delivered on 28/12/2021)
RULING
1. I have considered the Notice of Motion dated 12/1/2022.
2. I direct the applicant to serve the ODPP for interpartesconsideration. In addition, I direct that the trial court file in Ukwala PM Cr Case No E644/2021 be forwarded to this court forthwith for perusal in the consideration of the notice of motion herein for revision of the orders for forfeiture of motor vehicle KDB 024Y ISUZU NMR.
3. Parties to be informed and the Advocate for the applicant to supply the court with his practice number for the year 2022 and 2021 as well as the working email and daytime telephone numbers which are missing in the application pleading.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF FEBRUARY, 2022
R.E. ABURILI
JUDGE