[2023] KEHC 19319 (KLR)
The court found that there were no pleadings filed or available for consideration, nor was there a physical file to support the pendency of the matter. In the absence of any material to determine, the court ordered the closure of the file, as there was nothing before it to adjudicate.
Source-derived case information.
- Citation
- [2023] KEHC 19319 (KLR)
- Parties
- Applicant: Nicholas Collins Ouko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E032 of 2022
- Procedural Posture
- Criminal Petition / Preliminary
- Outcome
- file closed
- Judges
- RE Aburili
- Legal Topics
- File Closure, Absence of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Collins Ouko
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Preliminary
Legal Issues
- 1 Whether the petition could proceed in the absence of any pleadings or physical file.
Ratio Decidendi
The court found that there were no pleadings filed or available for consideration, nor was there a physical file to support the pendency of the matter. In the absence of any material to determine, the court ordered the closure of the file, as there was nothing before it to adjudicate.
Court Disposition
file closed
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Ouko v Republic (Criminal Petition E032 of 2022) [2023] KEHC 19319 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19319 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E032 of 2022
RE Aburili, J
June 26, 2023
Between
Nicholas Collins Ouko
Petitioner
and
Republic
Respondent
Ruling
1. The CTS shows that this file was opened on October 12, 2022. However, there is no physical file available and neither were any pleadings filed for consideration nor retrieved.
2. For the above reasons that there are no pleadings to support the pendency of this file or for determination of any issue on merit, I hereby order that this file be closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF JUNE, 2023R. E. ABURILIJUDGE