[2023] KEHC 17657 (KLR)
The court determined that, although applications for revision do not always require the participation of the opposing party, the circumstances of this case—specifically the contested nature of the proceedings in the lower court—necessitated that the respondents be given an opportunity to respond. To uphold the...
Source-derived case information.
- Citation
- [2023] KEHC 17657 (KLR)
- Parties
- Applicant: Director of Public Prosecution; Respondent: Wilberforce Ndula & 8 others
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E233 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Ruling on Directions and Service of Application
- Outcome
- Directions of 20.4.2023 set aside; substituted with orders for service, response, mention, and extension of stay.
- Judges
- SC Chirchir
- Legal Topics
- Criminal Revision Procedure, Service of Process, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecution
Applicant
Wilberforce Ndula & 8 others
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling on Directions and Service of Application
Legal Issues
- 1 Whether the respondents should be given an opportunity to respond to the application for revision.
- 2 Whether the previous directions regarding delivery of ruling should be set aside to allow respondents to be heard.
Ratio Decidendi
The court determined that, although applications for revision do not always require the participation of the opposing party, the circumstances of this case—specifically the contested nature of the proceedings in the lower court—necessitated that the respondents be given an opportunity to respond. To uphold the principles of fairness and natural justice, the court set aside its earlier directions regarding the delivery of the ruling and substituted them with new orders requiring service of the application on the respondents and provision for their responses. The stay of proceedings was extended pending the hearing and determination of the application.
Court Disposition
Directions of 20.4.2023 set aside; substituted with orders for service, response, mention, and extension of stay.
Orders
- The directions given on 20.4.2023 are hereby set aside, limited as aforesaid.
- The applicant to serve the notice of motion dated 21.3.2023 on the respondents within 3 days.
Full Case Text
Judgment text and source record
17 paragraphs
Director of Public Prosecution v Ndula & 8 others (Criminal Revision E233 of 2023) [2023] KEHC 17657 (KLR) (25 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17657 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E233 of 2023
SC Chirchir, J
May 25, 2023
Between
Director of Public Prosecution
Applicant
and
Wilberforce Ndula & 8 others
Respondent
Ruling
1. When this matter came before me on 20. 4.2023, I granted prayer 4 in respect of the application dated 21. 3.2023, and indicated that ruling will be delivered on 25. 5.2023. Though an Application for Revision need not involve the opposing party , looking at the issues raised in this case and the contest that went on in the lower court, I consider it fair to allow the respondents to respond and address the court in this issue.
2. Consequently, I hereby review and set aside the directions I gave on 20. 4.2023 limited to the date of the delivery of the ruling and consequently make the following orders.a.The directions given on 20. 4.2023 are hereby set aside, limited as aforesaid.b.It is substituted by the following ordersi.The applicant to serve the notice of motion dated 21. 3.2023 on the Respondents within 3 daysii.The Respondents to file their responses within 7 daysiii.Mention on 12. 6.2023 for directions on the hearing of the Applicationiv.For avoidance of doubt, the order of stay of proceedings pending the hearing and determination of the Application is hereby extended.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 25TH DAY OF MAY, 2023S. CHIRCHIRJUDGEIn the presence of;-Erick- Court AssistantMs. Odumba for the Applicant