[2024] KEHC 6414 (KLR)
The court found that the application had been dormant since 2003 and that the matter was overtaken by events. As such, there was no longer a live issue for determination, and the file was ordered closed for archiving. The court exercised its discretion to bring finality to proceedings that have lost practical...
Source-derived case information.
- Citation
- [2024] KEHC 6414 (KLR)
- Parties
- Applicant: Raymond Odongo Olambo; Respondent: The Chief Magistrate’S Court, Kakamega; Respondent: The District Criminal Investigation Officer – Kisumu District
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 63 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application dismissed as overtaken by events; file closed for archiving.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Prohibition Orders, Malicious Damage to Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymond Odongo Olambo
Applicant
The Chief Magistrate’S Court, Kakamega
Respondent
The District Criminal Investigation Officer – Kisumu District
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application for prohibition orders to prevent arrest and prosecution is maintainable after a long period of dormancy.
- 2 Whether the matter has been overtaken by events and should be closed.
Ratio Decidendi
The court found that the application had been dormant since 2003 and that the matter was overtaken by events. As such, there was no longer a live issue for determination, and the file was ordered closed for archiving. The court exercised its discretion to bring finality to proceedings that have lost practical relevance due to the passage of time and changes in circumstances.
Court Disposition
Application dismissed as overtaken by events; file closed for archiving.
Orders
- This file is closed for archiving.
Full Case Text
Judgment text and source record
21 paragraphs
Olambo v Chief Magistrate’S Court, Kakamega & another (Miscellaneous Civil Application 63 of 2003) [2024] KEHC 6414 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6414 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 63 of 2003
RE Aburili, J
May 31, 2024
Between
Raymond Odongo Olambo
Applicant
and
The Chief Magistrate’S Court, Kakamega
1st Respondent
The District Criminal Investigation Officer – Kisumu District
2nd Respondent
Ruling
1. This file had been dormant since 2003. The Applicant sought Review orders of prohibition to prohibit the State from arresting him and prosecuting him for an offence related to malicious damage to property vide Kakamega CM Criminal Case No. 519 of 2003.
2. The matter is overtaken by events.
3. This file is closed for archiving.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 31ST DAY OF MAY, 2024R. E. ABURILIJUDGE