[2023] KEHC 19324 (KLR)
The court found that it could not consider or determine the application for criminal revision because no pleadings or physical file could be traced or retrieved. Without the necessary documents, the court was unable to proceed, and therefore, the only available course of action was to close the file.
Source-derived case information.
- Citation
- [2023] KEHC 19324 (KLR)
- Parties
- Applicant: Nelson Orenyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E085 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- file closed without determination on merits
- Judges
- RE Aburili
- Legal Topics
- Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Orenyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court could proceed with the criminal revision in the absence of the physical file or pleadings.
Ratio Decidendi
The court found that it could not consider or determine the application for criminal revision because no pleadings or physical file could be traced or retrieved. Without the necessary documents, the court was unable to proceed, and therefore, the only available course of action was to close the file.
Court Disposition
file closed without determination on merits
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Orenyo v Republic (Criminal Revision E085 of 2022) [2023] KEHC 19324 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19324 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E085 of 2022
RE Aburili, J
June 26, 2023
Between
Nelson Orenyo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate’s Court Criminal Case No. 672 of 2021 at Kisumu)
Ruling
1. From the Case Tracking System records, this file was opened on December 19, 2022. However, no pleading or physical file could be retrieved or traced for consideration by this court.
2. Accordingly, this file is hereby closed.
Dated, Signed and Delivered at Kisumu this 26thDay of June, 2023R. E. ABURILIJUDGE