[2022] KEHC 10276 (KLR)
The court found that the applicant, having failed to take any steps to comply with the directions given on February 10, 2021, or to advance the matter in any way, demonstrated a lack of interest in prosecuting the application. The court therefore considered the application abandoned and dismissed it for want of...
Source-derived case information.
- Citation
- [2022] KEHC 10276 (KLR)
- Parties
- Applicant: Republic; Respondent: Felix Okello Alias Feli
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E009 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Motion for Leave to Appeal Out of Time
- Outcome
- application dismissed for want of prosecution
- Judges
- WM Musyoka
- Legal Topics
- Leave to Appeal Out of Time, Abandonment of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Felix Okello Alias Feli
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Motion for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has taken any steps to prosecute the application for leave to appeal out of time.
- 2 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant, having failed to take any steps to comply with the directions given on February 10, 2021, or to advance the matter in any way, demonstrated a lack of interest in prosecuting the application. The court therefore considered the application abandoned and dismissed it for want of prosecution, ordering the file closed.
Court Disposition
application dismissed for want of prosecution
Orders
- The application is dismissed for want of prosecution.
- The file is to be closed.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Felix Okello Alias Feli (Miscellaneous Criminal Application E009 of 2021) [2022] KEHC 10276 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10276 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E009 of 2021
WM Musyoka, J
June 24, 2022
Between
Republic
Applicant
and
Felix Okello Alias Feli
Respondent
Ruling
1. On February 10, 2021, a Motion, dated February 4, 2021, was placed before me, under certificate of urgency. It was by the Director of Public Prosecutions seeking for leave to appeal out of time. I did not certify it urgent, but directed that it be served and a date for inter partes hearing be given at the registry on priority basis.
2. The record before me reflects that no steps have been taken since to comply with the directions of February 10, 2021 or to advance the matter beyond that. It would appear that the applicant has totally lost interest in the matter. I shall accordingly consider it as abandoned, and I hereby proceed to dismiss it. File to be closed.
3. Copies of this ruling to be made available to the applicant and the respondent.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24th DAY OF June 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.