[2002] KEHC 1265 (KLR)

[2002] KEHC 1265 (KLR)

The court determined that it would not be just to adjourn the matter further given the respondent's failure to file a replying affidavit for three years. The absence of a substantive response from the Attorney General, despite ample opportunity, rendered further delay unjustified. The court therefore granted the...

Source-derived case information.

Citation
[2002] KEHC 1265 (KLR)
Parties
Applicant: Panachand Jivraj Shah; Applicant: Dipak Panachand Shah; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 523 of 1999
Procedural Posture
Criminal Application / Ruling
Outcome
Application granted. Interim orders made permanent. Bail terms confirmed.
Legal Topics
Bail Application, Adjournment, Replying Affidavit, Interim Orders
Source Language
en
Criminal Law Bail Application Adjournment Replying Affidavit Interim Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Panachand Jivraj Shah

Applicant

Dipak Panachand Shah

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Ruling

Legal Issues

  1. 1 Whether the matter should be further adjourned due to the respondent's advocate's indisposition.
  2. 2 Whether the interim orders previously granted should be made permanent.
  3. 3 Whether the bail terms granted to the applicants should remain in force.

Ratio Decidendi

The court determined that it would not be just to adjourn the matter further given the respondent's failure to file a replying affidavit for three years. The absence of a substantive response from the Attorney General, despite ample opportunity, rendered further delay unjustified. The court therefore granted the orders sought in the application filed on 23/11/1999 and made the interim orders permanent. The bail terms previously granted to the applicants were deemed appropriate and were to remain in force.

Court Disposition

Application granted. Interim orders made permanent. Bail terms confirmed.

Orders

  • The orders sought in the application filed on 23/11/1999 are granted and made permanent in terms of the interim orders already granted.
  • The terms on which the applicants were granted bail are deemed appropriate and remain in force.