[2023] KEHC 19340 (KLR)
The court found that although the sentence revision had been concluded on May 30, 2023, no formal order of closure had been made, resulting in the file remaining active in the Case Tracking System. To regularize the record and reflect the finality of the proceedings, the court ordered the closure of the file.
Source-derived case information.
- Citation
- [2023] KEHC 19340 (KLR)
- Parties
- Applicant: Elijah Onyango Oware; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E013 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Closure of File
- Outcome
- The file is formally closed.
- Judges
- RE Aburili
- Legal Topics
- Criminal Revision, Case Closure, Sentence Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Onyango Oware
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Closure of File
Legal Issues
- 1 Whether the file should be formally closed following the conclusion of sentence revision.
Ratio Decidendi
The court found that although the sentence revision had been concluded on May 30, 2023, no formal order of closure had been made, resulting in the file remaining active in the Case Tracking System. To regularize the record and reflect the finality of the proceedings, the court ordered the closure of the file.
Court Disposition
The file is formally closed.
Orders
- The file is now closed.
Full Case Text
Judgment text and source record
19 paragraphs
Oware v Republic (Criminal Revision E013 of 2023) [2023] KEHC 19340 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19340 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E013 of 2023
RE Aburili, J
June 26, 2023
Between
Elijah Onyango Oware
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate’s Court Criminal Case No. E976 of 2022 at Kisumu)
Ruling
1. This matter was concluded on May 30, 2023 by way of sentence revision but there is no order of closure hence the file is still active in the Case Tracking System.
2. I hereby order that this file is now closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE