[2025] KEHC 9060 (KLR)
The court found that since neither the applicant nor their counsel appeared to prosecute the application on the scheduled hearing date, there was no basis to proceed with the matter. The absence of prosecution justified dismissal of the application for want of prosecution. Consequently, any interim or conservatory...
Source-derived case information.
- Citation
- [2025] KEHC 9060 (KLR)
- Parties
- Applicant: Faith Akoth Oketch; Respondent: Directorate of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E084 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Conservatory Orders
- Outcome
- application dismissed for want of prosecution; previous orders vacated
- Judges
- DR Kavedza
- Legal Topics
- Conservatory Orders, Prosecution Stay, Criminal Procedure, Dismissal for Nonattendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Akoth Oketch
Applicant
Directorate of Criminal Investigations
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Conservatory Orders
Legal Issues
- 1 Whether the application for conservatory orders should be granted in the absence of the applicant or their counsel.
- 2 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that since neither the applicant nor their counsel appeared to prosecute the application on the scheduled hearing date, there was no basis to proceed with the matter. The absence of prosecution justified dismissal of the application for want of prosecution. Consequently, any interim or conservatory orders previously issued were vacated.
Court Disposition
application dismissed for want of prosecution; previous orders vacated
Orders
- The application dated 9th May 2025 is dismissed for want of prosecution.
- The orders of the court issued on May 13, 2025 are vacated.
Full Case Text
Judgment text and source record
19 paragraphs
Oketch v Directorate of Criminal Investigations (Miscellaneous Criminal Application E084 of 2025) [2025] KEHC 9060 (KLR) (24 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9060 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E084 of 2025
DR Kavedza, J
June 24, 2025
Between
Faith Akoth Oketch
Applicant
and
Directorate of Criminal Investigations
Respondent
Ruling
1. The applicant filed the present application dated 9th May 2025 seeking conservatory orders restraining the Respondents from summoning, investigating, intimidating, harassing, arresting, or recommending prosecution of the Applicant pending hearing and determination of the matter.
2. Directions were issued and the matter was set down for hearing on 24th June 2025.
3. On 24th June 2025, neither the applicant nor the counsel was present to prosecute the application.
4. The application is consequently dismissed for want of prosecution. The orders of the court issued on May 13, 2025 are consequently vacated.Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 24TH DAY OF JUNE 2025. ..............................D. KAVEDZAJUDGE