[2023] KEHC 19450 (KLR)
The court determined that since the pleadings and physical file could not be retrieved, it was not possible to proceed with the criminal revision. As a result, the file was marked as closed.
Source-derived case information.
- Citation
- [2023] KEHC 19450 (KLR)
- Parties
- Applicant: David Bill Samwel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E093 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- file closed
- Judges
- RE Aburili
- Legal Topics
- Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Bill Samwel
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court can proceed with the criminal revision in the absence of the pleadings and physical file.
Ratio Decidendi
The court determined that since the pleadings and physical file could not be retrieved, it was not possible to proceed with the criminal revision. As a result, the file was marked as closed.
Court Disposition
file closed
Orders
- The file is hereby marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Samwel v Republic (Criminal Revision E093 of 2022) [2023] KEHC 19450 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19450 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E093 of 2022
RE Aburili, J
June 26, 2023
Between
David Bill Samwel
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Chief Magistrate’s Court Criminal Case No E115 of 2022 at Kisumu)
Ruling
1. The CTS record shows that this file was opened on December 19, 2023 but the pleadings and physical file hosting the pleadings could not be retrieved.
2. For the above reasons, this file is hereby marked as closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE