[2025] KEHC 17101 (KLR)
The court determined that since the initial bond/bail review was handled by the Kibera High Court, it is appropriate for this court to hear the application for review. The court further directed that the respondent must be served with the application and given a set period to respond, ensuring procedural fairness...
Source-derived case information.
- Citation
- [2025] KEHC 17101 (KLR)
- Parties
- Applicant: Moses Liyai Imbwaga; Applicant: Latif Mohammed Dawood; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E001 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Directions
- Outcome
- directions issued; application to proceed after service and response
- Judges
- DR Kavedza
- Legal Topics
- Bail Review, Bond Application, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Liyai Imbwaga
Applicant
Latif Mohammed Dawood
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Directions
Legal Issues
- 1 Whether the application for review of the bond/bail ruling should be entertained by the Kibera High Court.
- 2 What directions should be issued regarding service and response timelines for the application.
Ratio Decidendi
The court determined that since the initial bond/bail review was handled by the Kibera High Court, it is appropriate for this court to hear the application for review. The court further directed that the respondent must be served with the application and given a set period to respond, ensuring procedural fairness and adherence to the rules of natural justice. The matter is to be mentioned for further directions after both parties have had an opportunity to present their positions.
Court Disposition
directions issued; application to proceed after service and response
Orders
- The applicant is directed to serve the respondent with the application and order of this court within seven (7) days from the date hereof.
- The respondent shall file a response within seven (7) days upon service.
Full Case Text
Judgment text and source record
18 paragraphs
Imbwaga & another v Republic (Miscellaneous Criminal Application E001 of 2025) [2025] KEHC 17101 (KLR) (13 February 2025) (Directions)
Neutral citation: [2025] KEHC 17101 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E001 of 2025
DR Kavedza, J
February 13, 2025
Between
Moses Liyai Imbwaga
1st Applicant
Latif Mohammed Dawood
2nd Applicant
and
Republic
Respondent
Directions
1. The applicant filed a notice of motion application dated 3rd February 2025 at Makadara High Court seeking review of the ruling of this court delivered on 6th December 2024. This matter has therefore been transferred from Makadara High Court to Kibera High Court, the court that dealt with the initial application for bond/bail review.Upon perusing the application in the absence of both the applicants and state counsel , It is hereby ordered That:1. The applicant is directed to serve the respondent with the application and order of this court within seven (7) days from the date hereof.2. The respondent shall file a response within seven (7) days upon service.3. The application shall be mentioned for directions on 25th February 2025. 4.Notice shall issue accordingly.Orders accordingly.
DIRECTIONS ISSUED IN THE ABSENCE OF THE PARTIES THIS 13TH DAY OF FEBRUARY 2025. ………….…………………………………D. KAVEDZAJUDGE