[2025] KEHC 1975 (KLR)
The court directed that the application for review of the bond/bail ruling, initially filed at Makadara High Court, be transferred to Kibera High Court, which handled the original application. The court emphasized the necessity of proper service of the application and court order on the respondent to ensure...
Source-derived case information.
- Citation
- [2025] KEHC 1975 (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 transferred; service and response timelines set
- Judges
- DR Kavedza
- Legal Topics
- Bond Review, Bail Application, Review of Ruling
- 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 Whether proper service of the application and court order must be effected on the respondent.
Ratio Decidendi
The court directed that the application for review of the bond/bail ruling, initially filed at Makadara High Court, be transferred to Kibera High Court, which handled the original application. The court emphasized the necessity of proper service of the application and court order on the respondent to ensure procedural fairness. The respondent is granted seven days to file a response upon service, and the matter is set for mention for directions on a specified date. These directions were issued in the absence of both parties, underscoring the administrative nature of the orders at this stage.
Court Disposition
directions issued; application transferred; service and response timelines set
Orders
- The applicant is directed to serve the respondent with the application and order of this court within seven days from the date hereof.
- The respondent shall file a response within seven 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 1975 (KLR) (13 February 2025) (Directions)
Neutral citation: [2025] KEHC 1975 (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