[2020] KEHC 5870 (KLR)
The court cannot proceed to determine the Motion dated 5th April 2018 because the application is dependent on orders made in Kakamega HC Petition No. 32 of 2014, and only an extract of those orders has been provided. Without the full judgment or final ruling from the referenced petition, the court lacks the...
Source-derived case information.
- Citation
- [2020] KEHC 5870 (KLR)
- Parties
- Applicant: Patrick Wanzala Mulwoto; Respondent: Republic (Director of Public Prosecutions)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 33 of 2018
- Procedural Posture
- Criminal Revision / Interlocutory Ruling; Awaiting Further Documents Before Substantive Determination
- Outcome
- Adjourned for mention; further proceedings deferred pending retrieval of related file.
- Judges
- DN Musyoka
- Legal Topics
- Criminal Revision Procedure, Dependency on Prior Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Wanzala Mulwoto
Applicant
Republic (Director of Public Prosecutions)
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling; Awaiting Further Documents Before Substantive Determination
Legal Issues
- 1 Whether the court can proceed to determine the Motion dated 5th April 2018 without the full judgment in Kakamega HC Petition No. 32 of 2014.
- 2 Whether the extract of orders from Kakamega HC Petition No. 32 of 2014 is sufficient for the present application.
Ratio Decidendi
The court cannot proceed to determine the Motion dated 5th April 2018 because the application is dependent on orders made in Kakamega HC Petition No. 32 of 2014, and only an extract of those orders has been provided. Without the full judgment or final ruling from the referenced petition, the court lacks the necessary context and legal basis to make a substantive determination. Therefore, the court directs that the file for Kakamega HC Petition No. 32 of 2014 be located and consolidated with the present file before further proceedings can continue.
Court Disposition
Adjourned for mention; further proceedings deferred pending retrieval of related file.
Orders
- Deputy Registrar to search for and consolidate the file in Kakamega HC Petition No. 32 of 2014 with the present file.
- Matter to be mentioned after thirty (30) days for compliance and for allocation of a ruling date on the Motion dated 5th April 2018.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL REVISION NO. 33 OF 2018
PATRICK WANZALA MULWOTO...........................APPLICANT
VERSUS
REPUBLIC...................DIRECTOR OF PUBLIC PROSECUTIONS
RULING
1. In the course of preparing the decision in this cause, it has emerged that one of the principal prayers in the application is dependent on orders that were made in Kakamega HC Petition No. 32 of 2014.
2. The applicant has not attached a copy of the judgement in Kakamega HC Petition No. 32 of 2014, and has only exhibited an extract of the orders made in that cause.
3. I am unable to complete preparation of the ruling to the Motion dated 5th April 2018 without sight of the judgement or final ruling in Kakamega HC Petition No. 32 of 2014.
4. Consequently, I do hereby direct the Deputy Registrar to cause the file in Kakamega HC Petition No. 32 of 2014 to be searched for and put together with the instant file.
5. The matter shall be mentioned after thirty (30) days for compliance and for the purpose of allocating a date for ruling on the Motion dated 5th April 2018.
6. Date for mention to be allocated at the delivery of this ruling.
DELIVERED DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 22ND DAY OF MAY, 2020
W. MUSYOKA
JUDGE