[2025] KEHC 1113 (KLR)

[2025] KEHC 1113 (KLR)

The High Court dismissed the application on the ground that there is a pending appeal at the Court of Appeal. The court held that it lacks jurisdiction to entertain the application while the appeal is pending, as the matter is now properly before the appellate court. The applicant was directed to pursue the appeal...

Source-derived case information.

Citation
[2025] KEHC 1113 (KLR)
Parties
Applicant: Dominic Kiplangat Rono; Respondent: Republic
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E014 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
dismissed
Judges
JK Ng'arng'ar
Legal Topics
Pending Appeal, Jurisdiction, Dismissal of Application
Source Language
en
Criminal Law Pending Appeal Jurisdiction Dismissal of Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dominic Kiplangat Rono

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the High Court can entertain the application while an appeal is pending at the Court of Appeal.

Ratio Decidendi

The High Court dismissed the application on the ground that there is a pending appeal at the Court of Appeal. The court held that it lacks jurisdiction to entertain the application while the appeal is pending, as the matter is now properly before the appellate court. The applicant was directed to pursue the appeal at the Court of Appeal, and the High Court declined to make any further orders in the matter.

Court Disposition

dismissed

Orders

  • The application is dismissed due to pending appeal at the Court of Appeal.
  • The applicant to pursue the appeal at the Court of Appeal.