[2025] KEHC 2306 (KLR)

[2025] KEHC 2306 (KLR)

The court found that the application for sentence review was not urgent and therefore did not certify it as such. The court directed the applicant to serve the respondent with the application and the order within seven days, and the respondent to file a response within fourteen days of service. The Deputy Registrar...

Source-derived case information.

Citation
[2025] KEHC 2306 (KLR)
Parties
Applicant: Faith Ndinda Kimuyu; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E027 of 2025
Procedural Posture
Miscellaneous Criminal Application / Directions on Sentence Review Application
Outcome
Directions issued for service, response, and hearing of sentence review application; application not certified urgent.
Judges
DR Kavedza
Legal Topics
Sentence Review, Application Procedure
Source Language
en
Criminal Law Sentence Review Application Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Faith Ndinda Kimuyu

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Directions on Sentence Review Application

Legal Issues

  1. 1 Whether the applicant's request for sentence review should be certified as urgent.
  2. 2 What directions should be issued regarding service, response, and hearing of the sentence review application.

Ratio Decidendi

The court found that the application for sentence review was not urgent and therefore did not certify it as such. The court directed the applicant to serve the respondent with the application and the order within seven days, and the respondent to file a response within fourteen days of service. The Deputy Registrar was ordered to avail the original untyped trial court file within thirty days. The matter was scheduled for hearing on 11th March 2025. The court's directions ensure procedural fairness and compliance with the rules of natural justice, allowing both parties an opportunity to be heard before the application is determined.

Court Disposition

Directions issued for service, response, and hearing of sentence review application; application not certified urgent.

Orders

  • The matter is not certified urgent.
  • The applicant is directed to serve the respondent with the application and the order of this court within seven (7) days from the date hereof.