[2020] KEHC 4637 (KLR)
The court declined to proceed with the hearing of the criminal revision application due to the applicant's failure to file an affidavit of service as previously directed and the lack of appearance by the applicant or their advocate. The absence of proof that the respondent was served with the application meant that...
Source-derived case information.
- Citation
- [2020] KEHC 4637 (KLR)
- Parties
- Applicant: Solomon James Okuma Apudo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 2 of 2020
- Procedural Posture
- Criminal Revision / Interlocutory Order on Procedural Compliance
- Outcome
- Application not heard; directions issued for procedural compliance.
- Legal Topics
- Criminal Revision Procedure, Service of Process, Affidavit of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon James Okuma Apudo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Order on Procedural Compliance
Legal Issues
- 1 Whether the applicant complied with the court's direction to serve the application on the respondent.
- 2 Whether the absence of the applicant or their representative at the hearing is excusable.
- 3 Whether the matter can proceed in the absence of proof of service.
Ratio Decidendi
The court declined to proceed with the hearing of the criminal revision application due to the applicant's failure to file an affidavit of service as previously directed and the lack of appearance by the applicant or their advocate. The absence of proof that the respondent was served with the application meant that the respondent had not had an opportunity to respond, and the court could not proceed in breach of the rules of natural justice. The court directed that the applicant must file an affidavit of service before the matter could be set down for further directions or hearing.
Court Disposition
Application not heard; directions issued for procedural compliance.
Orders
- Applicant to file an affidavit of service showing service of the application on the respondent.
- Matter to be placed before the court for further directions after filing of the affidavit of service.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION NO.2 OF 2020
SOLOMON JAMES OKUMA APUDO...............................APPLICANT
VERSUS
REPUBLIC.........................................................................RESPONDENT
(Revision of the Original Sentence in Criminal Case No.446 of 2019 of Principal Magistrate’s Court at Maralal)
02. 06. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
I have seen the certificate of urgency filed on 27/05/2020 together with its supporting affidavit. I have also perused t he court record and have noted:-
a)There was no appearance for the Applicant in court when the application herein came up for hearing. No explanation has been offered for t hat failure to attend court.
b)There is no affidavit of service filed to show that the application was served upon the Respondent as directed by the court on 13/02/2020. This is important as there is nothing filed by the Respondent so far in response to the application.
c)Let an affidavit of service be filed by the Applicant. Thereafter the matter may be placed before the court for further directions regarding hearing.
DATED AT NANYUKI THIS 2ND DAY OF JUNE, 2020
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT