[2023] KEHC 25730 (KLR)
The court considered the applicant's notice of motion seeking revision of sentence and determined that the matter did not warrant certification as urgent. The court issued directions for service of the application and order upon the respondent, ordered the respondent to file a response within seven days of service,...
Source-derived case information.
- Citation
- [2023] KEHC 25730 (KLR)
- Parties
- Applicant: Beth Nyambura Kirika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 86 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Ruling
- Outcome
- interlocutory orders issued; application not certified urgent; directions for service and response given
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Criminal Procedure, Application for Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beth Nyambura Kirika
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of the sentence imposed by the trial court.
- 2 Whether the application should be certified as urgent and directions issued for service and response.
Ratio Decidendi
The court considered the applicant's notice of motion seeking revision of sentence and determined that the matter did not warrant certification as urgent. The court issued directions for service of the application and order upon the respondent, ordered the respondent to file a response within seven days of service, and directed the Deputy Registrar to avail the original untyped trial court file within thirty days. The matter was set for mention on a future date to facilitate further proceedings. The court's decision was procedural, focusing on the management of the application rather than the substantive merits of the sentence revision request.
Court Disposition
interlocutory orders issued; application not certified urgent; directions for service and response given
Orders
- The matter is certified not urgent.
- The applicant is directed to serve the respondent with the application and the order of this court within seven days from the date hereof.
Full Case Text
Judgment text and source record
16 paragraphs
Kirika v Republic (Criminal Revision 86 of 2023) [2023] KEHC 25730 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25730 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 86 of 2023
DR Kavedza, J
November 27, 2023
Between
Beth Nyambura Kirika
Applicant
and
Republic
Respondent
Ruling
1. I have considered the undated notice of motion filed under certificate of urgency by the applicant, Beth Nyambura Kirika this 27th November 2023. The applicant is seeking a revision of sentence imposed by the trial court. I hereby order that:1. The matter is certifiednoturgent.2. 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.3. The respondent is directed to file a response within seven (7) days upon service.4. The Deputy Registrar is directed to avail the original untyped trial court file within 30 days from the date hereof.5. The matter will be mentioned on 21st February 2024. 6.Notices shall issue accordingly.
RULING DATED AND DELIVERED THIS 27THDAY OF NOVEMBER 2023. ................D. KAVEDZAJUDGE