[2023] KEHC 26647 (KLR)
The court found that the application for revision did not meet the threshold for certification as urgent. The court directed that the lower court file be availed within 60 days, the applicant serve the respondent within 7 days, and the respondent file a response within 14 days of service. The matter was set for...
Source-derived case information.
- Citation
- [2023] KEHC 26647 (KLR)
- Parties
- Applicant: Eva Achieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 108 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Ruling on Application for Revision
- Outcome
- Application for urgency declined; procedural directions issued for hearing of revision.
- Judges
- DR Kavedza
- Legal Topics
- Criminal Revision, Procedure on Revision, Urgent Applications, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eva Achieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling on Application for Revision
Legal Issues
- 1 Whether the application for revision should be certified as urgent.
- 2 What procedural directions should be given regarding the hearing of the revision application.
Ratio Decidendi
The court found that the application for revision did not meet the threshold for certification as urgent. The court directed that the lower court file be availed within 60 days, the applicant serve the respondent within 7 days, and the respondent file a response within 14 days of service. The matter was set for mention for further directions, ensuring procedural fairness and compliance with statutory requirements before substantive hearing.
Court Disposition
Application for urgency declined; procedural directions issued for hearing of revision.
Orders
- The application is not certified urgent.
- The Deputy Registrar is directed to avail the lower court file untyped within 60 days from the date hereof.
Full Case Text
Judgment text and source record
16 paragraphs
Achieng v Republic (Criminal Revision 108 of 2023) [2023] KEHC 26647 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26647 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 108 of 2023
DR Kavedza, J
December 20, 2023
Between
Eva Achieng
Applicant
and
Republic
Respondent
Ruling
1. The applicant Eva Achieng’ filed an undated notice of motion under certificate of urgency. The applicant is seeking orders of revision of the judgement delivered at Kibera Chief Magistrate’s Court Criminal case no. E1627 of 2023. Having considered the application, I hereby make the following orders:i.The application is not certified urgent.ii.The Deputy Registrar is directed to avail the lower court file untyped within 60 days from the date hereof.iii.The applicant is directed to serve the respondent with the application and the order of this court within 7 days from the date hereof.iv.Upon service, the respondent is directed to file a response within 14 days.v.The matter shall be mentioned on 14th March 2024 for directions.Notices shall issue accordingly.
RULING DATED AND DELIVERED THIS 20TH DAY OF DECEMBER 2023. ..............................D. KAVEDZAJUDGE