[2023] KEHC 21903 (KLR)
The court found that the application for sentence review filed by the applicant was not certified as urgent. The court directed that the application and the order be served upon the respondent within seven days, and that the respondent should file a response within fourteen days of service. The matter was set for...
Source-derived case information.
- Citation
- [2023] KEHC 21903 (KLR)
- Parties
- Applicant: Haruna Mutairu Ajayi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E578 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Ruling on Application for Sentence Review
- Outcome
- Application not certified urgent; procedural directions issued.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haruna Mutairu Ajayi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant's chamber summons for sentence review should be certified urgent.
- 2 What procedural directions should be given regarding service and response timelines for the application.
Ratio Decidendi
The court found that the application for sentence review filed by the applicant was not certified as urgent. The court directed that the application and the order be served upon the respondent within seven days, and that the respondent should file a response within fourteen days of service. The matter was set for mention for directions on a specified future date. The court's reasoning was procedural, emphasizing the need for proper service and response timelines to ensure fairness and due process before the application could be substantively considered.
Court Disposition
Application not certified urgent; procedural directions issued.
Orders
- The matter is not certified urgent.
- The application and order of this court be served upon the respondent within 7 days from the date hereof.
Full Case Text
Judgment text and source record
17 paragraphs
Ajayi v Republic (Criminal Revision E578 of 2023) [2023] KEHC 21903 (KLR) (Crim) (21 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21903 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E578 of 2023
DR Kavedza, J
August 21, 2023
Between
Haruna Mutairu Ajayi
Applicant
and
Republic
Respondent
Ruling
1. I have considered the undated Chamber Summons application filed under certificate of urgency and the undated supporting affidavit of the applicant seeking sentence review, and order as follows:1. The matter is not certified urgent.2. The application and order of this court be served upon the respondent within 7 days from the date hereof.3. Upon service, the respondent to file a response within 14 days.4. This matter shall be mentioned on 3/10/2023 for directions.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY IN ABSENCE OF PARTIES THIS 21ST DAY OF AUGUST 2023. ...............D. KAVEDZAJUDGE