[2022] KEHC 13416 (KLR)
The court allowed the withdrawal of the application dated 28/5/2021 upon request by the prosecution and with no objection from the respondent. Consequently, the court ordered the unconditional release of motor vehicle Registration Number KCU 583F, which was being held at Maseno Police Station, to the respondent,...
Source-derived case information.
- Citation
- [2022] KEHC 13416 (KLR)
- Parties
- Applicant: Republic; Respondent: Cheti Mariciana
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E025 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application Withdrawal
- Outcome
- Application marked as wholly withdrawn; motor vehicle released to respondent; file closed.
- Judges
- RE Aburili
- Legal Topics
- Criminal Revision, Withdrawal of Application, Release of Exhibits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cheti Mariciana
Respondent
Procedural Posture
Criminal Revision / Ruling on Application Withdrawal
Legal Issues
- 1 Whether the application dated 28/5/2021 should be withdrawn as requested by the prosecution counsel.
- 2 Whether the motor vehicle Registration Number KCU 583F should be released to the respondent upon withdrawal of the application.
Ratio Decidendi
The court allowed the withdrawal of the application dated 28/5/2021 upon request by the prosecution and with no objection from the respondent. Consequently, the court ordered the unconditional release of motor vehicle Registration Number KCU 583F, which was being held at Maseno Police Station, to the respondent, Cheti Mariciana. The court found no legal reason to continue holding the vehicle or to keep the application pending, and thus marked the application as wholly withdrawn and closed the file.
Court Disposition
Application marked as wholly withdrawn; motor vehicle released to respondent; file closed.
Orders
- The application dated 28/5/2021 is marked as wholly withdrawn.
- Motor vehicle Registration Number KCU 583F held at Maseno Police Station shall be released forthwith to the respondent Cheti Mariciana without any condition upon service of this order upon the OCS, Maseno Police Station.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mariciana (Criminal Revision E025 of 2021) [2022] KEHC 13416 (KLR) (28 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13416 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E025 of 2021
RE Aburili, J
September 28, 2022
Between
Republic
Applicant
and
Cheti Mariciana
Respondent
(An Application from Judgment, Conviction and sentence in the Principal Magistrate’s Court at Maseno in Criminal Case No. 397 of 2019 delivered on 01. 04. 2021 by Hon. C.L. Yalwala, Senior Principal Magistrate)
Ruling
1. On application by the Senior Principal Prosecution Counsel Ms. Odumba and on no objection from the advocate for the Respondent Mr. Indimuli, the application dated 28/5/2021 be and is hereby marked as wholly withdrawn and motor vehicle Registration Number KCU 583F being held at Maseno Police Station shall forthwith be released to the Respondent herein Cheti Mariciana without any condition and upon service of this order upon the OCS, Maseno Police Station.
2. I so order and this file is now effectively closed.
DATED, SIGNED AND DELIVERED AT KISUMU, THIS 28TH DAY OF SEPTEMBER 2022. R.E. ABURILIJUDGE