[2024] KEHC 7119 (KLR)

[2024] KEHC 7119 (KLR)

The court held that in the absence of the trial file from the lower court, it is not possible to consider or determine the application for revision. The application cannot be entertained without the necessary records, and as such, the file is ordered closed.

Source-derived case information.

Citation
[2024] KEHC 7119 (KLR)
Parties
Applicant: Brandon Ochieng; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Revision E021 of 2024
Procedural Posture
Criminal Revision / Ruling
Outcome
Application dismissed; file closed due to unavailability of trial file.
Judges
DO Ogembo
Legal Topics
Criminal Revision Procedure
Source Language
en
Criminal Law Criminal Revision Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Brandon Ochieng

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the High Court can proceed with a criminal revision application when the trial file is not availed.

Ratio Decidendi

The court held that in the absence of the trial file from the lower court, it is not possible to consider or determine the application for revision. The application cannot be entertained without the necessary records, and as such, the file is ordered closed.

Court Disposition

Application dismissed; file closed due to unavailability of trial file.

Orders

  • Trial file not availed. File ordered closed.