[2024] KEHC 7404 (KLR)
The court found that there was no substantive application before it, only a supporting affidavit. In the absence of a proper application, the court could not proceed to consider or determine the matter. Consequently, the miscellaneous application was struck out and the file marked as closed.
Source-derived case information.
- Citation
- [2024] KEHC 7404 (KLR)
- Parties
- Applicant: Jeremiah Imbitsi Ochayo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E104 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application struck out; file closed
- Judges
- MS Shariff
- Legal Topics
- Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jeremiah Imbitsi Ochayo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant has filed a substantive application to warrant the court's consideration.
Ratio Decidendi
The court found that there was no substantive application before it, only a supporting affidavit. In the absence of a proper application, the court could not proceed to consider or determine the matter. Consequently, the miscellaneous application was struck out and the file marked as closed.
Court Disposition
application struck out; file closed
Orders
- The miscellaneous application is struck out.
- This file is marked as closed.
Full Case Text
Judgment text and source record
16 paragraphs
Ochayo v Republic (Criminal Revision E104 of 2024) [2024] KEHC 7404 (KLR) (19 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7404 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E104 of 2024
MS Shariff, J
June 19, 2024
Between
Jeremiah Imbitsi Ochayo
Applicant
and
Republic
Respondent
Ruling
1. I note that the Applicant has not filed any substantive application save for a supporting affidavit wherefore I hereby strike out this miscellaneous application.This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 19TH DAY OF JUNE, 2024. M. S. SHARIFFJUDGE