[2024] KEHC 13457 (KLR)
The court exercised its discretion to ensure orderly and timely disposal of the Applicant's Notice of Motion by issuing directions for service, response, and written submissions within set timelines. The court also ordered the production of the Applicant to facilitate the proceedings. These directions are grounded...
Source-derived case information.
- Citation
- [2024] KEHC 13457 (KLR)
- Parties
- Applicant: Caroline Wanjiku Kihuyu; Respondent: Dpp
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E155 of 2024
- Procedural Posture
- Criminal Revision / Directions on Notice of Motion; Pre Hearing
- Outcome
- Directions issued for service, response, written submissions, production order, and mention for compliance.
- Judges
- DO Chepkwony
- Legal Topics
- Criminal Revision Procedure, Case Management, Directions on Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Wanjiku Kihuyu
Applicant
Dpp
Respondent
Procedural Posture
Criminal Revision / Directions on Notice of Motion; Pre Hearing
Legal Issues
- 1 Whether the Applicant's Notice of Motion should be served and responded to within specified timelines.
- 2 What directions should be issued for the disposal of the application by written submissions.
- 3 Whether a production order for the Applicant should issue.
Ratio Decidendi
The court exercised its discretion to ensure orderly and timely disposal of the Applicant's Notice of Motion by issuing directions for service, response, and written submissions within set timelines. The court also ordered the production of the Applicant to facilitate the proceedings. These directions are grounded in the court's inherent powers and the provisions of the Criminal Procedure Code, which empower the court to manage its process and ensure justice is served efficiently.
Court Disposition
Directions issued for service, response, written submissions, production order, and mention for compliance.
Orders
- Applicant's counsel to serve the application upon the Respondent before close of business on 25th October, 2024.
- Respondent to file and serve their response within 14 days from the date of service.
Full Case Text
Judgment text and source record
16 paragraphs
Kihuyu v DPP (Criminal Revision E155 of 2024) [2024] KEHC 13457 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13457 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Revision E155 of 2024
DO Chepkwony, J
October 24, 2024
Between
Caroline Wanjiku Kihuyu
Applicant
and
Dpp
Respondent
Ruling
1. The matter is for mention for parties to take directions on the undated Notice of Motion application filed by the Applicant. Having listened to both counsel for the parties herein, the following directions issue:-a.The Applicant’s counsel to serve the application upon the Respondent (ODPP) before close of business on 25th October, 2024 to enable them file and serve their response within 14 days from the date hereof.b.The parties to dispose of the application by way of written submissions.c.Upon being served with a response, the Applicant to file and serve a further affidavit, if need be, alongside written submissions within 14 days.d.The Respondent to equally file and serve their written submissions within 14 days of being served with the Applicant’s submissions.e.The Deputy Registrar to call for and avail the original record of proceedings in Kiambu High Court Criminal Case No.85 of 2016. f.Mention on 19th December, 2024 for parties to confirm compliance and take directions on ruling date.g.Production Order to issue for Applicant.It is so ordered.
RULING/DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OFOCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Hamisi Mzari counsel for ApplicantM.S Ndeda counsel for RespondentCourt Assistant - Martin