[2021] KEHC 3229 (KLR)
The court found that the continued existence of the interim stay orders, which were granted ex-parte, was causing prejudice to the respondent due to the delay in disposing of the application. The court held that it is in the interest of justice to discharge the interim orders of stay issued on 17.11.2020. The court...
Source-derived case information.
- Citation
- [2021] KEHC 3229 (KLR)
- Parties
- Applicant: Kenneth Omondi & 39 Others; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 143 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Interim Stay and Adjournment
- Outcome
- Interim stay orders discharged; application adjourned; leave granted to file further pleadings; directions to be fixed at registry.
- Judges
- DO Ogembo
- Legal Topics
- Stay of Execution, Interim Orders, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Omondi & 39 Others
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Interim Stay and Adjournment
Legal Issues
- 1 Whether the interim orders of stay of execution granted on 17.11.2020 should be discharged to prevent prejudice to the respondent.
- 2 Whether the application for adjournment should be granted and further directions issued.
Ratio Decidendi
The court found that the continued existence of the interim stay orders, which were granted ex-parte, was causing prejudice to the respondent due to the delay in disposing of the application. The court held that it is in the interest of justice to discharge the interim orders of stay issued on 17.11.2020. The court also granted the unopposed application for adjournment, allowing both parties leave to file further affidavits, applications, and responses. The court directed that a date for further directions be fixed at the registry upon filing of the intended pleadings, to be given priority.
Court Disposition
Interim stay orders discharged; application adjourned; leave granted to file further pleadings; directions to be fixed at registry.
Orders
- The interim orders of stay issued on 17.11.2020 are discharged.
- The application is adjourned.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINALREVISIONCASE143 OF 2019
KENNETH OMONDI & 39 OTHERS.........APPLICANT
VERSUS
REPUBLIC................................................RESPONDENT
RULING
I have considered the submissions made by the parties herein today. This matter first came up before the court by a certificate of urgency way back on 13. 11. 2020. On 17. 11. 2020, this court considered the submissions of the parties and the circumstances of the case, and allowed and granted the plea of the applicants for an order of stay of execution of orders of the Hon. Justice Kimaru issued on 11. 11. 2020. This court issued the orders of stay prayed for after considering the urgency of the matter and the fact that the Respondent would not be prejudiced if the application was heard and disposed of with the urgency with which it came.
The said orders have been extended from time to time ending with the date of today. The respondent has submitted on the prejudice that they have continued to suffer by the existence of these orders. I take note that these were ex-parte orders. Ideally, the application ought to have been disposed of without unreasonable delay so as to avoid any prejudice to either parties. For various reasons, this has not been possible, leading to the apparent delay in the determination of this application.
To avoid any possibility of further prejudice to the Respondent, and believing that the applicant’s case (application) could still be pursued even in the interim orders herein are discharged, I am persuaded by the submissions by the Respondent side, that it is in the interest of justice that the interim orders of stay first issued on 17. 11. 2020 be discharged. I accordingly discharge the said orders.
Regarding the application for adjournment, same is not opposed. This application is adjourned. Leave is granted to the applicants to file any further supplementary affidavits and or applications and submission. Corresponding leave is granted to the Respondent to file any responses to the same.
In view of the submissions of Mr. Kithi, that there is a possibility that the applicants may file fresh applications, and Ms. Waweru’s submissions that they are still in the process of obtaining instructions from their client, it is clear that issuing a hearing date in court today would not be possible or practical. In the circumstances, I order that upon filing of the intended pleadings i.e. affidavits, applications, submissions, a date for further directions be fixed at the registry. The same to be fixed on priority basis. It is so ordered.
D. O. OGEMBO
JUDGE
1. 10. 2021.