[2001] KEHC 92 (KLR)
The court granted the adjournment because the respondent's counsel, Mr. Ogoti, was not involved from the beginning and could not adequately address all issues. The court found this to be a reasonable ground to avoid wasting judicial time and to prevent the need to restart proceedings if new issues arose. The...
Source-derived case information.
- Citation
- [2001] KEHC 92 (KLR)
- Parties
- Applicant: Fela Mohamed Suleiman; Respondent: Attorney-General
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 82 of 2001
- Procedural Posture
- Miscellaneous Criminal Application / Adjournment Ruling Prior to Inter Partes Hearing
- Outcome
- Adjournment granted; directions issued for next hearing.
- Legal Topics
- Adjournment of Hearing, Representation of Parties, Court Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fela Mohamed Suleiman
Applicant
Attorney-General
Respondent
Procedural Posture
Miscellaneous Criminal Application / Adjournment Ruling Prior to Inter Partes Hearing
Legal Issues
- 1 Whether an adjournment should be granted to allow the respondent's lead counsel to be present.
- 2 Whether the absence of Chief Inspector Ikiara, who was not summoned, affects the proceedings.
Ratio Decidendi
The court granted the adjournment because the respondent's counsel, Mr. Ogoti, was not involved from the beginning and could not adequately address all issues. The court found this to be a reasonable ground to avoid wasting judicial time and to prevent the need to restart proceedings if new issues arose. The applicant's counsel did not object to the adjournment. The court also noted that Chief Inspector Ikiara was not present because he had not been summoned, and directed that he be present at the next hearing. The orders were made to facilitate a fair and efficient hearing for both parties.
Court Disposition
Adjournment granted; directions issued for next hearing.
Orders
- Matter adjourned to 10.12.2001 for inter-partes hearing.
- Mr. Gumo to appear himself for the Attorney-General.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASA
MISCELLANEOUS CRIMINAL APPLICTION NO.82 OF 2001
FELA MOHAMED SULEIMAN……………………………...APPLICANT
=V E R S U S=
ATTORNEY-GENERAL…………………………………RESPONDENT
RULING
I have considered Mr. Ogoti’s request for an adjournment of this matter until Mr. Gumo comes back from Addis Ababa. His reason is that he may find he cannot fully answer some issues that may arise as he was not in the matter from the start. It is a reasonable request since he does not wish to waste the court’s time and then spring a surprise after so much time has been spent. This court would be placed in a position where it will have to start again. The counsel for the Applicant kindly agree.
It is also noted that although counsel for the Applicant had requested the State Counsel to avail Chief Inspector Ikiara to be present in court for possible cross-examination, bcause he was not so summoned . ORDER
Matter adjourned to 10. 12. 2001 for inter-partes hearing. Mr. Gumo to appear himself for the Attorney-General.
Chief Inspector Ikiara to be present in Court.
Costs in the cause.
Dated and Delivered at Mombasa this 28th day of November, 2001.
D. A. ONYANCHA
J U D G E