[2023] KEHC 19005 (KLR)
The court found that the application was not supported by any court proceedings or judgment, rendering it vague, ambiguous, and incomprehensible. Furthermore, the court held that any proceedings seeking to declare a statute or its sections unconstitutional must be initiated by way of a proper constitutional...
Source-derived case information.
- Citation
- [2023] KEHC 19005 (KLR)
- Parties
- Applicant: Zablon Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E033 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Constitutional Challenge, Procedure for Unconstitutionality, Application Dismissal
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zablon Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application is competent in the absence of supporting court proceedings and judgment.
- 2 Whether the application can properly seek to declare a statute or its sections unconstitutional without a constitutional petition.
Ratio Decidendi
The court found that the application was not supported by any court proceedings or judgment, rendering it vague, ambiguous, and incomprehensible. Furthermore, the court held that any proceedings seeking to declare a statute or its sections unconstitutional must be initiated by way of a proper constitutional petition, with the relevant state parties, such as the ODPP or Attorney General, being made parties and served accordingly. In the absence of the necessary material and proper procedure, the application was devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of merit.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Onyango v Republic (Miscellaneous Criminal Application E033 of 2023) [2023] KEHC 19005 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19005 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E033 of 2023
RE Aburili, J
June 19, 2023
Between
Zablon Onyango
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application filed on June 8, 2023 which is not supported by any court proceedings and judgment. The Applicant/Convict Zablon Onyango has used abbreviations throughout in the application which I find vague, ambiguous and incomprehensible without court proceedings.
2. Furthermore, such proceedings that would have the effect of declaring a statute or sections thereof unconstitutional can only be initiated by way of a proper constitutional Petition and considered interpartes with the ODPP or Attorney General being made parties and being served with the Petition.
3. In the absence of material for consideration, I find this application devoid of any merit and is hereby dismissed.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE