[2020] KEHC 3320 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the matter to be heard during the recess and for the application to be certified as urgent, given the allegations of contravention of constitutional rights. The court exercised its discretion to grant leave and directed that the respondents...
Source-derived case information.
- Citation
- [2020] KEHC 3320 (KLR)
- Parties
- Applicant: Innocent Omukule; Respondent: The Director of Public Prosecutions; Respondent: The DCI Officer Kakamega
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 42 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Leave and Certification of Urgency
- Outcome
- Leave granted to be heard during recess; application certified as urgent; applicant to serve respondents for interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Bail and Bond, Constitutional Rights, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Innocent Omukule
Applicant
The Director of Public Prosecutions
Respondent
The DCI Officer Kakamega
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave and Certification of Urgency
Legal Issues
- 1 Whether the applicant should be granted leave to be heard during the court recess.
- 2 Whether the application should be certified as urgent.
- 3 Whether the respondents should be served for interpartes hearing.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the matter to be heard during the recess and for the application to be certified as urgent, given the allegations of contravention of constitutional rights. The court exercised its discretion to grant leave and directed that the respondents be served for interpartes hearing before the duty judge.
Court Disposition
Leave granted to be heard during recess; application certified as urgent; applicant to serve respondents for interpartes hearing.
Orders
- Leave is granted to the applicant to be heard during the recess.
- The application is certified as urgent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
KAKAMEGA MISC. CRIMINAL APPLICATION NO. 42 OF 2020
(CORAM: HON. JUSTICE R.E. ABURILI)
IN THE MATTER OF THE ALLEGED CONTRAVENTION OF ARTICLES 21(1), 24, 27, 29, 47(1), 49(1)(H), 50(2)(A, B, C, J, K, M, N), OF THE CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF CHIEF MAGISTRATE’S COURT AT KAKAMEGA CRIMINAL MISC. APPLICATION NO. 139 OF 2020 – REPUBLIC VS. INNOCENT OMUKULE
INNOCENT OMUKULE............................................................APPLICANT
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTIONS.......1ST RESPONDENT
THE DCI OFFICER KAKAMEGA...............................2ND RESPONDENT
RULING
1. I have considered the Application by the applicant. I grant leave to the applicant to be heard during the recess. I also Certify the application as urgent.
2. On the main application for orders, I direct the applicant to serve the Respondents forthwith for interpartes consideration before the duty Judge at Kisumu on 8/9/2020.
3. Orders accordingly.
Dated, signed and Delivered at Siaya this 3rd Day of September 2020
R.E. ABURILI
JUDGE