[2023] KEHC 25738 (KLR)
The court determined that, in the interests of justice and clarity, it is necessary to address the applicant's request for clarification of the judgment delivered on 15th August 2023. To facilitate this, the court directed the Deputy Registrar to avail both the subordinate court and High Court files within 30 days,...
Source-derived case information.
- Citation
- [2023] KEHC 25738 (KLR)
- Parties
- Applicant: Alicia Christi Coetzer; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 43 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Clarification of Judgment
- Outcome
- Application for clarification allowed to the extent of giving directions for availing files and setting a mention date.
- Judges
- DR Kavedza
- Legal Topics
- Clarification of Judgment, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alicia Christi Coetzer
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Clarification of Judgment
Legal Issues
- 1 Whether the court should clarify its judgment issued on 15th August 2023 in Nairobi Criminal Appeal no. 140 of 2018.
Ratio Decidendi
The court determined that, in the interests of justice and clarity, it is necessary to address the applicant's request for clarification of the judgment delivered on 15th August 2023. To facilitate this, the court directed the Deputy Registrar to avail both the subordinate court and High Court files within 30 days, after which the matter will be mentioned for further directions. This approach ensures that all relevant records are available for proper consideration of the clarification sought.
Court Disposition
Application for clarification allowed to the extent of giving directions for availing files and setting a mention date.
Orders
- The Deputy Registrar is directed to avail the subordinate court and the High Court files within 30 days from the date hereof.
- The matter shall be mentioned for directions on February 21, 2024.
Full Case Text
Judgment text and source record
17 paragraphs
Coetzer v Republic (Miscellaneous Criminal Application 43 of 2023) [2023] KEHC 25738 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25738 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 43 of 2023
DR Kavedza, J
November 27, 2023
Between
Alicia Christi Coetzer
Applicant
and
Republic
Respondent
(Application seeking a clarification of the Judgement issued by this Court on 15th August 2023 in Nairobi Criminal Appeal no. 140 of 2018 .)
Ruling
1. I have considered the application vide a letter dated November 17, 2023 seeking a clarification of the Judgement issued by this Court on 15th August 2023 in Nairobi Criminal Appeal no. 140 of 2018 pursuant to JKIA Criminal case No 89 of 2017. I hereby make the following orders:1. The Deputy Registrar is directed to avail the subordinate court and the High Court files within 30 days from the date hereof.2. The matter shall be mentioned for directions on February 21, 2024 for directions.3. Notices shall issue accordingly.
RULING DATED AND DELIVERED THIS 27THDAY OF NOVEMBER 2023. ____________________D. KAVEDZAJUDGE