[2023] KEHC 18863 (KLR)
The court found that in order to consider the application for revision of sentence, it is necessary to have the lower court file availed. The court therefore ordered that the lower court file be produced untyped and scheduled the matter for mention to facilitate further proceedings on the application for revision.
Source-derived case information.
- Citation
- [2023] KEHC 18863 (KLR)
- Parties
- Appellant: Peter Mueni Kiema; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 524 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Order
- Outcome
- Interlocutory orders issued to facilitate review of sentence; matter set for mention.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mueni Kiema
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Order
Legal Issues
- 1 Whether the sentence imposed by the trial court in Kibera Law Court criminal case No 985 of 2022 should be reviewed.
- 2 Whether the lower court file should be availed for purposes of the revision.
Ratio Decidendi
The court found that in order to consider the application for revision of sentence, it is necessary to have the lower court file availed. The court therefore ordered that the lower court file be produced untyped and scheduled the matter for mention to facilitate further proceedings on the application for revision.
Court Disposition
Interlocutory orders issued to facilitate review of sentence; matter set for mention.
Orders
- The lower court file to be availed untyped without fail on June 30, 2023.
- The file to be placed before the judge for mention on July 4, 2023.
Full Case Text
Judgment text and source record
17 paragraphs
Kiema v Republic (Criminal Revision 524 of 2023) [2023] KEHC 18863 (KLR) (Crim) (21 June 2023) (Order)
Neutral citation: [2023] KEHC 18863 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision 524 of 2023
DR Kavedza, J
June 21, 2023
Between
Peter Mueni Kiema
Appellant
and
Republic
Respondent
Order
1. I have gone through the chamber summons application dated June 5, 2023 filed under a certificate of urgency and the supporting affidavit of the applicant of even date seeking a review of the sentence imposed by the trial court in Kibera Law Court criminal case No 985 of 2022 and accordingly issue the following orders:1. The lower court file to be availed untyped without fail on June 30, 2023. 2.The file to be placed before me for mention on July 4, 2023
DATED AND DELIVERED VIRTUALLY ON 21ST JUNE, 2023. .........................D. KAVEDZAJUDGE