[2023] KEHC 19446 (KLR)
The court found that since no pleadings had been filed or could be traced, there was nothing before the court to consider on merit. Consequently, the file was closed as there was no basis for further proceedings.
Source-derived case information.
- Citation
- [2023] KEHC 19446 (KLR)
- Parties
- Appellant: Nicholas Collins Ouko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E033 of 2022
- Procedural Posture
- Criminal Petition / Ruling on Preliminary Review
- Outcome
- Petition closed for want of pleadings.
- Judges
- RE Aburili
- Legal Topics
- Criminal Petition Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Collins Ouko
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Preliminary Review
Legal Issues
- 1 Whether the petition could be considered in the absence of filed pleadings.
Ratio Decidendi
The court found that since no pleadings had been filed or could be traced, there was nothing before the court to consider on merit. Consequently, the file was closed as there was no basis for further proceedings.
Court Disposition
Petition closed for want of pleadings.
Orders
- This file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Ouko v Republic (Criminal Petition E033 of 2022) [2023] KEHC 19446 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19446 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E033 of 2022
RE Aburili, J
June 26, 2023
Between
Nicholas Collins Ouko
Petitioner
and
Republic
Respondent
Ruling
1. This file was opened on October 12, 2022 according to the CTS. However, no pleadings were filed and neither can they be traced for consideration by the court on merit.
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