[2024] KEHC 13252 (KLR)
The court determined that in the interest of justice and fair hearing, the Applicant must serve the Notice of Motion upon the Respondents and the Interested Party within a set deadline. The Respondents and Interested Party are to file and serve their responses within 14 days. The application will be disposed of by...
Source-derived case information.
- Citation
- [2024] KEHC 13252 (KLR)
- Parties
- Applicant: Keziah Muthoni Gatu; Respondent: The Attorney General; Respondent: Office of the Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E156 of 2024
- Procedural Posture
- Criminal Revision / Directions on Notice of Motion; Pre Hearing
- Outcome
- Directions issued for service, response, written submissions, production order, and mention for compliance.
- Judges
- DO Chepkwony
- Legal Topics
- Criminal Revision Procedure, Case Management, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Keziah Muthoni Gatu
Applicant
The Attorney General
Respondent
Office of the Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Revision / Directions on Notice of Motion; Pre Hearing
Legal Issues
- 1 Whether the Applicant's Notice of Motion should be served and responded to within specified timelines.
- 2 What directions should be issued for the disposal of the application.
Ratio Decidendi
The court determined that in the interest of justice and fair hearing, the Applicant must serve the Notice of Motion upon the Respondents and the Interested Party within a set deadline. The Respondents and Interested Party are to file and serve their responses within 14 days. The application will be disposed of by way of written submissions, with each party given equal opportunity to file submissions within specified timelines. The Deputy Registrar is directed to avail the original record of proceedings in the related criminal case. A production order is issued for the Applicant. These directions ensure procedural fairness and efficient case management.
Court Disposition
Directions issued for service, response, written submissions, production order, and mention for compliance.
Orders
- Applicant's counsel to serve the application upon Respondents and Interested Party before close of business on 25th October, 2024.
- Respondents and Interested Party to file and serve their response within 14 days from date of service.
Full Case Text
Judgment text and source record
18 paragraphs
Gatu v Attorney General & another (Criminal Revision E156 of 2024) [2024] KEHC 13252 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13252 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Revision E156 of 2024
DO Chepkwony, J
October 24, 2024
Between
Keziah Muthoni Gatu
Applicant
and
The Attorney General
1st Respondent
Office of the Director of Public Prosecutions
2nd Respondent
Ruling
1. The matter is for mention for parties to take directions on the undated Notice of Motion application filed by the Applicant. Having listened to both counsel for the parties herein, the following directions issue:-a.The Applicant’s counsel to serve the application upon the Respondents and the Interested Party before close of business on 25th October, 2024 to enable them file and serve their response within 14 days from the date hereof.b.The parties to dispose of the application by way of written submissions.c.Upon being served with a response, the Applicant to file and serve a further affidavit, if need be, alongside written submissions within 14 days.d.The Respondents and the Interested Party to equally file and serve their written submissions within 14 days of being served with the Applicant’s submissions.e.The Deputy Registrar to call for and avail the original record of proceedings in Kiambu High Court Criminal Case No.85 of 2016. f.Mention on 19th December, 2024 for parties to confirm compliance and take directions on ruling date.g.Production Order to issue for Applicant.It is so ordered.
RULING/DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OFOCTOBER , 2024 .D. O. CHEPKWONYJUDGEIn the presence of:Mr. Hamisi Mzari counsel for ApplicantM.S Ndeda counsel for RespondentCourt Assistant - Martin