I have considered the notice of motion dated 13th December 2024 brought under the provisions of Section 1A, 1B and 3A of the Civil Procedure Rules, Articles 48, 50 and 159 (2) (d) and (e)159 (3) of the Constitution of Kenya 2010, the supporting affidavit of Cyril Onyango Ochola notarized/sworn on 13th August 2024 before Clinton David Roye Notary Public dominated in Virginia and I do note that this application is incurably and fatally defective for it is based on an affidavit notorized in advance and anticipation before the rendering of the impugned ruling.
Further whereas the Applicant seeks inter alia orders of setting aside and or review of orders made by Hon. C. Maiyo Resident Magistrate in Kisumu Scccom No. E495 of 2024, he has instead of moving the said lower court, come before the High Court, not on appeal but for orders of review. This application contravenes the doctrine of exhaustion and this court has no jurisdiction to grant review orders as craved wherefore.
I do hereby dismiss this application summarily with no orders as to costs.
This file is marked as closed.
Dated at Kisumu this 24th day of December 2024