[2023] KEHC 20703 (KLR)
The court found that the applicant's reasons, including his medical conditions, were insufficient to warrant certification of urgency for the application seeking review of the bail cancellation and warrant of arrest. The court exercised its discretion and declined to certify the matter as urgent, instead directing...
Source-derived case information.
- Citation
- [2023] KEHC 20703 (KLR)
- Parties
- Applicant: Muia Kimatu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E551 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Urgency of Application for Review of Bail Cancellation
- Outcome
- Application for urgency declined; directions given for service and response.
- Judges
- DR Kavedza
- Legal Topics
- Bail Cancellation, Review of Bail Terms, Warrants of Arrest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muia Kimatu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Urgency of Application for Review of Bail Cancellation
Legal Issues
- 1 Whether the application for review of bail cancellation and warrant of arrest should be certified as urgent.
- 2 Whether the applicant's medical conditions justify urgent hearing of the application.
Ratio Decidendi
The court found that the applicant's reasons, including his medical conditions, were insufficient to warrant certification of urgency for the application seeking review of the bail cancellation and warrant of arrest. The court exercised its discretion and declined to certify the matter as urgent, instead directing that the application be served upon the respondent, who should file a response within a set timeline, and scheduled the matter for mention for further directions.
Court Disposition
Application for urgency declined; directions given for service and response.
Orders
- The matter is not certified urgent.
- The application and order of the court to be served upon the respondent on or before September 15, 2023.
Full Case Text
Judgment text and source record
17 paragraphs
Kimatu v Republic (Criminal Revision E551 of 2023) [2023] KEHC 20703 (KLR) (Crim) (25 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20703 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E551 of 2023
DR Kavedza, J
July 25, 2023
Between
Muia Kimatu
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the undated Notice of Motion application filed under certificate of urgency and the supporting affidavit of the applicant, Muia Kimatu, the applicant has sought a review of the ruling of the trial court in which his bail terms were cancelled and a warrant of arrest issued. He has averred that he is suffering from acute duodenal ulcers, asthma and high blood pressure which is problematic to control while in prison. I am however, not satisfied that the application is merited to warrant being heard urgently. I therefore issue the following orders:1. That the matter is NOT certified urgent.2. That the application and order of this court be served upon the respondent on or before September 15, 2023. 3.That upon service, the respondent to file the response on or before October 2, 2023. 4.That this matter be mentioned on October 31, 2023 for directions.Orders accordingly.
RULING DATED DELIVERED IN ABSENCE OF PARTIES THIS 25TH DAY OF JULY 2023. ...................................D. KAVEDZAJUDGE