[2001] KEHC 802 (KLR)
The court determined that the application filed by the appellant Mwangi Thome had not yet been served on the Attorney-General and the other appellants. To ensure procedural fairness and compliance with the rules of service, the court ordered that the application be served on the same day. The court further directed...
Source-derived case information.
- Citation
- [2001] KEHC 802 (KLR)
- Parties
- Appellant: Justus Oloo Obiero; Appellant: Mwangi Thome; Appellant: Emmanuel Ndegwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 300 of 1998
- Procedural Posture
- Criminal Appeal / Interlocutory Application; Order on Service and Hearing Date
- Outcome
- Application to be served and set for hearing; no substantive determination on merits.
- Legal Topics
- Appeal Procedure, Service of Process, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Oloo Obiero
Appellant
Mwangi Thome
Appellant
Emmanuel Ndegwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Application; Order on Service and Hearing Date
Legal Issues
- 1 Whether the application filed by the appellant Mwangi Thome had been properly served on the relevant parties.
- 2 Whether the application should be set down for hearing before a bench of two judges.
Ratio Decidendi
The court determined that the application filed by the appellant Mwangi Thome had not yet been served on the Attorney-General and the other appellants. To ensure procedural fairness and compliance with the rules of service, the court ordered that the application be served on the same day. The court further directed that the application would be heard before two judges on a specified future date, in accordance with the requirements for hearing such applications in criminal appeals. The order was administrative in nature, ensuring that all parties are properly notified and given an opportunity to be heard.
Court Disposition
Application to be served and set for hearing; no substantive determination on merits.
Orders
- The application filed on 28.2.01 shall be served on the Attorney-General and on the other two appellants today.
- The application will be heard before two judges on 26.3.01.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASAAPPELLATE SIDECRIMINAL APPEAL NO.300 OF 1998
JUSTUS OLOO OBIERO…………………..…………..1ST APPELLANT =Versus= REPUBLIC…………………………………………..………RESPONDENT
CONSOLIDATED WITH CRIMINAL APPEAL NO.302 OF 1998
MWANGI THOME………………………………………2ND APPELLANT =Versus= REPUBLIC…………………………………………………RESPONDENT
CONSOLIDATED WITH CRIMINAL APPEAL NO.301 OF 1998
EMMANUEL NDEGWA………………………………..3RD APPELLANT =Versus= REPUBLIC…….…………………………………………RESPONDENT
O R D E R
19th March, 2001 Coram: Before Justice P. Waki, Court Clerk – Sango State Counsel – Mrs. Mwangi Appellants – present Appellant Mwangi Thome: I filed my application but it is not served.
ORDER:
Application was filed on 28. 2.01. It shall be served on the Attorney- General and on the other two Appellants to-day. It will be heard before two Judges on 26. 3.01.
Dated this 19th day of March, 2001. P.N. WAKI J U D G E