[2023] KEHC 26260 (KLR)
The court found that the application for sentence review did not warrant certification as urgent. The court directed that both the High Court and lower court files be availed within 30 days, the application and order be served on the respondent within 7 days, and the respondent to file a response within 14 days of...
Source-derived case information.
- Citation
- [2023] KEHC 26260 (KLR)
- Parties
- Applicant: Vincent Adolo Eboso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 97 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Ruling on Directions
- Outcome
- Procedural directions issued; urgency not certified.
- 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
Vincent Adolo Eboso
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling on Directions
Legal Issues
- 1 Whether the applicant's request for sentence review should be certified as urgent.
- 2 What procedural directions should be issued for the hearing of the sentence review application.
Ratio Decidendi
The court found that the application for sentence review did not warrant certification as urgent. The court directed that both the High Court and lower court files be availed within 30 days, the application and order be served on the respondent within 7 days, and the respondent to file a response within 14 days of service. The matter was set for mention on February 20, 2024 for further directions. The ruling was delivered in the absence of the parties.
Court Disposition
Procedural directions issued; urgency not certified.
Orders
- The matter is not certified urgent.
- The High Court and lower court files be availed untyped within 30 days without fail.
Full Case Text
Judgment text and source record
16 paragraphs
Eboso v Republic (Criminal Revision 97 of 2023) [2023] KEHC 26260 (KLR) (5 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26260 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 97 of 2023
DR Kavedza, J
December 5, 2023
Between
Vincent Adolo Eboso
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the Notice of Motion application dated 11th August 2023 filed under certificate of urgency and supported by the affidavit of the applicant, Vincent Adolo Eboso, seeking sentence review and order as follows:1. The matter is not certified urgent.2. The High Court and lower court files be availed untyped within 30 days without fail.3. The application and order of this court be served upon the respondent within 7 days from the date hereof.4. Upon service, the respondent to file a response within 14 days.5. This matter shall be mentioned on February 20, 2024 for directions.Orders accordingly.
RULING DATED DELIVERED IN ABSENCE OF PARTIES THIS 5TH DAY OF DECEMBER 2023. .................D. KAVEDZAJUDGE