[2022] KEHC 16721 (KLR)
The High Court declined to consider the application because the lower court file from Bondo Principal Magistrate’s Court was not availed, and the applicant had not quoted the correct file or annexed a committal warrant. The court found it implausible that a 2016 case would have remained pending until June 2021 and...
Source-derived case information.
- Citation
- [2022] KEHC 16721 (KLR)
- Parties
- Applicant: Kennedy Omondi Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E098 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Preliminary Application
- Outcome
- Application declined and file marked as closed.
- Judges
- RE Aburili
- Legal Topics
- Criminal Procedure, Case File Availability, Committal Warrant Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Omondi Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Application
Legal Issues
- 1 Whether the application can be considered in the absence of the lower court file.
- 2 Whether the applicant has quoted the correct court file and annexed the necessary committal warrant.
Ratio Decidendi
The High Court declined to consider the application because the lower court file from Bondo Principal Magistrate’s Court was not availed, and the applicant had not quoted the correct file or annexed a committal warrant. The court found it implausible that a 2016 case would have remained pending until June 2021 and noted the usual responsiveness of Bondo Law Courts. The application was marked as closed, with liberty to file afresh upon compliance with procedural requirements.
Court Disposition
Application declined and file marked as closed.
Orders
- The applicant to file a fresh application quoting the correct court file from Bondo Principal Magistrate’s Court and annexing a committal warrant.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E098 of 2022) [2022] KEHC 16721 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16721 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E098 of 2022
RE Aburili, J
December 19, 2022
Between
Kennedy Omondi Odhiambo
Applicant
and
Republic
Respondent
(Being an Application arising from Bondo PM’s Criminal Case No. 242/2016)
Ruling
1. This matter was filed on August 25, 2022 but this is the time it is being availed to my chambers for action. The lower court file was requested for immediately and a reminder send on October 13, 2022 but the same has not been availed and no response has been made by Bondo Law Courts wherein Cr Case No 242/2016 was allegedly heard and determined on June 4, 2021.
2. This court is not persuaded that a case of 2016 could pend before Bondo Law Courts until June 4, 2021.
3. Bondo Law Courts has been very responsive in submitting lower court files and in hearing and determining cases.
4. I decline to consider the matter herein and mark the file as closed.
5. The applicant to file a fresh application quoting the correct court file from Bondo Principal Magistrate’s Court, annexing a committal warrant.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE