[2022] KEHC 2952 (KLR)
The court found that the applicants failed to disclose any urgency in their affidavit to justify hearing the matter during the court recess. Additionally, the applicants did not provide reasons for seeking revision from the High Court or indicate whether they had applied for or been denied bail in the lower court....
Source-derived case information.
- Citation
- [2022] KEHC 2952 (KLR)
- Parties
- Applicant: Evans Otieno Ongango; Applicant: Brian Odhiambo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Leave to Be Heard During Recess and for Bail Pending Trial
- Outcome
- Application for urgency and hearing during recess declined; matter referred to Kisumu High Court for inter partes hearing.
- Judges
- RE Aburili
- Legal Topics
- Bail Pending Trial, Criminal Revision, Robbery With Violence, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Otieno Ongango
Applicant
Brian Odhiambo Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Leave to Be Heard During Recess and for Bail Pending Trial
Legal Issues
- 1 Whether the application discloses sufficient urgency to warrant hearing during court recess.
- 2 Whether the applicants have provided reasons for seeking revision and bail from the High Court instead of the lower court.
- 3 Whether the applicants have applied for or been denied bail in the lower court.
Ratio Decidendi
The court found that the applicants failed to disclose any urgency in their affidavit to justify hearing the matter during the court recess. Additionally, the applicants did not provide reasons for seeking revision from the High Court or indicate whether they had applied for or been denied bail in the lower court. The court therefore declined to certify the matter as urgent and refused to hear the application during the recess, instead directing that the application be served upon the Office of the Director of Public Prosecutions for inter partes consideration before the High Court at Kisumu.
Court Disposition
Application for urgency and hearing during recess declined; matter referred to Kisumu High Court for inter partes hearing.
Orders
- Application not certified as urgent.
- Application not heard during recess.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 1 OF 2022
(ORIGINATING FROM KISUMU MISC. CRIMINAL APPLICATION NO. E003 OF 2021)
EVANS OTIENO ONGANGO........................................................................1ST APPLICANT
BRIAN ODHIAMBO OTIENO.....................................................................2ND APPLICANT
VERSUS
REPUBLIC..........................................................................................................RESPONDENT
RULING
1. I have considered the application seeking leave of court to be heard during the recess and for bail pending trial.
2. I am not satisfied that there is any urgency involved as the urgency is not disclosed in the affidavit. This is a matter which can be handled by the High Court at Kisumu in the ordinary course of business.
3. Furthermore, the applicants are facing robbery with violence charges before Nyando PM’s court vide Cr. Case No A130/2020. The Applicants have not given reasons why they have come to the High Court through a revision application. They have not stated that they applied for bail or were denied bail pending trial in the lower court.
4. I decline to certify this matter as urgent. I further decline to hear the application during the recess. I direct that the application be served upon the Office of the Director of Public Prosecutions, Kisumu for interpartes consideration before the Hon. Judge at Kisumu.
5. Mention before Kisumu High Court on 25/1/2022.
6. These proceedings to be typed forthwith and submitted to Kisumu High Court to notify the Applicants and for further orders
7. Orders accordingly
DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF JANUARY, 2022
R.E. ABURILI
JUDGE