[2023] KEHC 19259 (KLR)
The court found that the applicant, being a foreigner, failed to disclose the names, residences, or occupations of his alleged relatives in Kenya. This lack of detail undermined the credibility of his claim to local ties and, consequently, the urgency and merit of his application for review of the bail denial. The...
Source-derived case information.
- Citation
- [2023] KEHC 19259 (KLR)
- Parties
- Applicant: Hassan Hussein Ibrahim; Respondent: Republic; Respondent: Officer Commanding Industrial Remand Prison
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E534 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Application for Review of Bail Denial
- Outcome
- Application for urgent hearing of bail review not certified as urgent; directions issued for service and responses.
- Judges
- DR Kavedza
- Legal Topics
- Bail Application, Review of Bail Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Hussein Ibrahim
Applicant
Republic
Respondent
Officer Commanding Industrial Remand Prison
Respondent
Procedural Posture
Criminal Revision / Interlocutory Application for Review of Bail Denial
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for urgent hearing of the bail review application.
- 2 Whether the applicant's status as a foreigner and lack of disclosure of relatives' details affect the urgency and merit of the application.
Ratio Decidendi
The court found that the applicant, being a foreigner, failed to disclose the names, residences, or occupations of his alleged relatives in Kenya. This lack of detail undermined the credibility of his claim to local ties and, consequently, the urgency and merit of his application for review of the bail denial. The court was not satisfied that the application warranted urgent hearing and thus declined to certify it as urgent, instead directing service and setting timelines for responses and further mention.
Court Disposition
Application for urgent hearing of bail review not certified as urgent; directions issued for service and responses.
Orders
- The matter is not certified urgent.
- The application and order of this court shall be served upon the respondents on or before 7/7/2023.
Full Case Text
Judgment text and source record
23 paragraphs
Ibrahim v Republic & another (Criminal Revision E534 of 2023) [2023] KEHC 19259 (KLR) (Crim) (30 June 2023) (Revision)
Neutral citation: [2023] KEHC 19259 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E534 of 2023
DR Kavedza, J
June 30, 2023
Between
Hassan Hussein Ibrahim
Applicant
and
Republic
1st Respondent
Officer Commanding Industrial Remand Prison
2nd Respondent
Revision
1I have gone through the Chamber Summons dated 25/6/2023 and the supporting affidavit of the applicant Hassan Hussein Ibrahim. The applicant has sought a review of the ruling of the trial court in which he was denied bail. I have gone through the supporting affidavit of the applicant and note that the applicant is a foreigner. Although he has averred that he has relatives in Kenya, he has however, not disclosed their names, their residences, nor what they do for a living. For that reason alone, I am not satisfied that the application is merited to warrant the same to be heard urgently. I therefore issue the following orders: 1. That this matter is notcertified urgent.
2. That the application and order of this court shall be served upon the respondents on or before 7/7/2023.
3. That upon service, the respondents to file their responses on or before 21/7/2023.
4. That this matter shall be mentioned on 28/7/2023 for directions.
2Orders accordingly.
RULING DATED DELIVERED VIRTUALLY THIS 30TH DAY OF JUNE 2023. ................................D. KAVEDZAJUDGE