Onyango v Republic [2023] KEHC 19005 (KLR) | Constitutional Challenge | Esheria

Onyango v Republic [2023] KEHC 19005 (KLR)

Full Case Text

Onyango v Republic (Miscellaneous Criminal Application E033 of 2023) [2023] KEHC 19005 (KLR) (19 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19005 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E033 of 2023

RE Aburili, J

June 19, 2023

Between

Zablon Onyango

Applicant

and

Republic

Respondent

Ruling

1. I have considered the application filed on June 8, 2023 which is not supported by any court proceedings and judgment. The Applicant/Convict Zablon Onyango has used abbreviations throughout in the application which I find vague, ambiguous and incomprehensible without court proceedings.

2. Furthermore, such proceedings that would have the effect of declaring a statute or sections thereof unconstitutional can only be initiated by way of a proper constitutional Petition and considered interpartes with the ODPP or Attorney General being made parties and being served with the Petition.

3. In the absence of material for consideration, I find this application devoid of any merit and is hereby dismissed.

4. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE