[2023] KEHC 19458 (KLR)
The court found that since no pleadings were filed or could be retrieved in the matter, there was nothing before the court to consider on merit. As a result, the court ordered the file closed, as there was no basis for further proceedings.
Source-derived case information.
- Citation
- [2023] KEHC 19458 (KLR)
- Parties
- Applicant: Fredrick Omondi Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E107 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- File closed due to absence of pleadings.
- Judges
- RE Aburili
- Legal Topics
- Criminal Procedure, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Omondi Omondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the court could proceed to consider the application on its merits in the absence of filed pleadings.
Ratio Decidendi
The court found that since no pleadings were filed or could be retrieved in the matter, there was nothing before the court to consider on merit. As a result, the court ordered the file closed, as there was no basis for further proceedings.
Court Disposition
File closed due to absence of pleadings.
Orders
- This file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Omondi v Republic (Miscellaneous Criminal Application E107 of 2022) [2023] KEHC 19458 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19458 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E107 of 2022
RE Aburili, J
June 26, 2023
Between
Fredrick Omondi Omondi
Applicant
and
Republic
Respondent
Ruling
1. The CTS records show that this file was opened on October 12, 2022. However, no pleadings were filed and neither could they be retrieved for consideration on merit by this court.
2. For the above reasons, this file is hereby closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE