[2023] KEHC 19449 (KLR)
The court found that there were no pleadings or proceedings available for consideration, as neither a physical file nor any filed documents could be retrieved. In the absence of any matter to adjudicate, the court marked the file as closed and issued no further orders.
Source-derived case information.
- Citation
- [2023] KEHC 19449 (KLR)
- Parties
- Applicant: Dennis Omondi Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E086 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- File closed due to absence of pleadings or proceedings.
- Judges
- RE Aburili
- Legal Topics
- Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Omondi Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether there are pleadings or proceedings pending for consideration by the court.
Ratio Decidendi
The court found that there were no pleadings or proceedings available for consideration, as neither a physical file nor any filed documents could be retrieved. In the absence of any matter to adjudicate, the court marked the file as closed and issued no further orders.
Court Disposition
File closed due to absence of pleadings or proceedings.
Orders
- This file is marked as closed as no pleading could be retrieved.
Full Case Text
Judgment text and source record
21 paragraphs
Ochieng v Republic (Criminal Revision E086 of 2022) [2023] KEHC 19449 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19449 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E086 of 2022
RE Aburili, J
June 26, 2023
Between
Dennis Omondi Ochieng
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate’s Court Criminal Case No. E178 of 2021 at Kisumu)
Ruling
1. From the CTS records, this file was opened on December 19, 2022. However, there is no physical file and neither are there any pleadings filed for consideration by this court.
2. There is therefore no proceeding pending for consideration by the court.
3. Accordingly, this file is marked as closed as no pleading could be retrieved.
4. I so order.
5. For the above reason, this file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE