[2015] KEHC 5740 (KLR)
The court found that there was no copy of the ruling allegedly delivered on 11th December, 2014 in the record, yet orders and warrants of arrest had been issued based on that ruling. The absence of the ruling rendered all subsequent proceedings and orders irregular and a nullity. Exercising its revisionary powers,...
Source-derived case information.
- Citation
- [2015] KEHC 5740 (KLR)
- Parties
- Plaintiff: Vivian Chemngetich; Defendant: David Kirui
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case 47 of 2015
- Procedural Posture
- Revision / Ruling
- Outcome
- Orders and warrants of arrest based on the non-existent ruling are vacated; matter to proceed before a different court; main suit to be listed for hearing on priority basis.
- Judges
- A Mshila
- Legal Topics
- Children Act Procedure, Revisionary Jurisdiction, Irregularity in Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vivian Chemngetich
Plaintiff
David Kirui
Defendant
Procedural Posture
Revision / Ruling
Legal Issues
- 1 Whether proceedings and orders based on a non-existent ruling are valid.
- 2 Whether the court can suo moto correct irregularities in the record.
Ratio Decidendi
The court found that there was no copy of the ruling allegedly delivered on 11th December, 2014 in the record, yet orders and warrants of arrest had been issued based on that ruling. The absence of the ruling rendered all subsequent proceedings and orders irregular and a nullity. Exercising its revisionary powers, the court held that it could correct such irregularities on its own motion (suo moto), and therefore vacated all orders and lifted the warrants of arrest issued against the defendant. The court further directed that the matter proceed before a different court with competent jurisdiction and that the main suit be listed for hearing on a priority basis.
Court Disposition
Orders and warrants of arrest based on the non-existent ruling are vacated; matter to proceed before a different court; main suit to be listed for hearing on priority basis.
Orders
- All orders emanating from the ruling are hereby vacated and the warrants of arrest against the defendant are hereby lifted.
- The matter to proceed before any other court with competent jurisdiction apart from court No.12.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
REVISION CASE NO.47 OF 2015
VIVIAN CHEMNGETICH....................................................................PLAINTIFF
VERSUS
DAVID KIRUI..................................................................................DEFENDANT
REVISION
On the 27th day of February, 2015, this Children's matter was brought to this court's attention by the trial magistrate. Upon calling for the court file and upon examination of the record, this court was satisfied that the record shows that there is an irregularity that needs correction.
There appears to be no copy of a Ruling delivered on the 11th December, 2014 in the court record yet there are orders and warrants of arrest emanating therefrom.
There being no Ruling, any proceedings or actions founded on the nonexistent ruling are not only bad in law but also irregular and a nullity.
When exercising its powers of revision, this court can correct such an irregularity “suo moto”
To correct this irregularity, this court makes the following orders:
i) All orders emanating from the Ruling are hereby vacated and the warrants of arrest against the Defendant herein are hereby lifted.
ii) The matter to proceed before any other court with competent jurisdiction apart from court No.12.
iii) The parties are directed to proceed to list the main suit for hearing.
iv) Hearing date to be given on a priority basis
Orders accordingly.
Dated, Signed and Delivered at Nakuru this 12th day of March, 2015.
A. MSHILA
JUDGE