[2023] KEHC 25011 (KLR)

[2023] KEHC 25011 (KLR)

The court found that the application to strike out the respondent's Petition of Appeal was not certified as urgent. The court directed that the application and order be served upon the respondent within seven days, and that the respondent file a response within fourteen days thereafter. The matter was set for...

Source-derived case information.

Citation
[2023] KEHC 25011 (KLR)
Parties
Applicant: Hoffman Moka Lantum; Applicant: Idris Maloba; Applicant: Julius Mura; Applicant: Lindsey Tingesi Moll; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Appeal (Application) E114 of 2023
Procedural Posture
Criminal Appeal / Interlocutory Application
Outcome
Application not certified urgent; directions given for service and response.
Judges
DR Kavedza
Legal Topics
Appeal Striking Out, Notice of Motion, Urgency Certification
Source Language
en
Criminal Law Appeal Striking Out Notice of Motion Urgency Certification

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hoffman Moka Lantum

Applicant

Idris Maloba

Applicant

Julius Mura

Applicant

Lindsey Tingesi Moll

Applicant

Republic

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether the respondent's Petition of Appeal should be struck out as sought by the applicants.
  2. 2 Whether the matter is urgent and warrants certification as such.

Ratio Decidendi

The court found that the application to strike out the respondent's Petition of Appeal was not certified as urgent. The court directed that the application and order be served upon the respondent within seven days, and that the respondent file a response within fourteen days thereafter. The matter was set for mention for directions on a future date. The court's decision was procedural, focusing on the proper service of the application and affording the respondent an opportunity to respond, rather than on the substantive merits of the application to strike out the appeal.

Court Disposition

Application not certified urgent; directions given for service and response.

Orders

  • The matter is not certified urgent.
  • The application and order of this court be served upon the respondent within 7 days from the date hereof.