[2024] KEHC 13369 (KLR)
The court allowed the withdrawal of the application as requested by the applicant and not opposed by the respondent, marking the application as withdrawn. The decision was based on the applicant's right to withdraw and the absence of opposition from the respondent.
Source-derived case information.
- Citation
- [2024] KEHC 13369 (KLR)
- Parties
- Applicant: Michael Wachira Nderitu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E117 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Withdrawal of Application Prior to Hearing
- Outcome
- Application marked as withdrawn.
- Judges
- DR Kavedza
- Legal Topics
- Stay of Proceedings, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Wachira Nderitu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Withdrawal of Application Prior to Hearing
Legal Issues
- 1 Whether the application for stay should be granted or withdrawn in light of ongoing negotiations.
Ratio Decidendi
The court allowed the withdrawal of the application as requested by the applicant and not opposed by the respondent, marking the application as withdrawn. The decision was based on the applicant's right to withdraw and the absence of opposition from the respondent.
Court Disposition
Application marked as withdrawn.
Orders
- The application dated 16th April 2024 is marked as withdrawn.
Full Case Text
Judgment text and source record
18 paragraphs
Nderitu v Republic (Miscellaneous Criminal Application E117 of 2024) [2024] KEHC 13369 (KLR) (28 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13369 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E117 of 2024
DR Kavedza, J
October 28, 2024
Between
Michael Wachira Nderitu
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed a notice of motion dated 16th April 2024 seeking stay orders among other prayers. The application was supported by an affidavit sworn by the applicant.
2. On 26th October 2024, when the application came up hearing, the applicant through their advocate Mr. Birundi informed the court that there were ongoing negotiations between the parties. As such he wished to withdraw the application. The same was not opposed.
3. The upshot of the above is that the application is marked as withdrawn.Orders accordingly.
RULING DATED AND DELIVERED THIS 28TH DAY OF OCTOBER 2024. ..........................D. KAVEDZAJUDGE