[2024] KEHC 13148 (KLR)
The court determined that in the interests of justice and procedural fairness, the Applicant's Notice of Motion application must be served upon the Respondent, who should be given an opportunity to respond. The court set clear timelines for the exchange of affidavits and written submissions to ensure expeditious...
Source-derived case information.
- Citation
- [2024] KEHC 13148 (KLR)
- Parties
- Applicant: JWM; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E161 of 2024
- Procedural Posture
- Criminal Revision / Directions on Notice of Motion Application
- Outcome
- Directions issued for service, responses, submissions, production order, and mention date set.
- Judges
- DO Chepkwony
- Legal Topics
- Criminal Revision Procedure, Case Management, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JWM
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Revision / Directions on Notice of Motion Application
Legal Issues
- 1 Whether the Applicant's Notice of Motion application should be served and directions issued for its disposal.
- 2 What timelines and procedural steps should govern the exchange of affidavits and submissions between the parties.
- 3 Whether a production order for the Applicant should issue.
Ratio Decidendi
The court determined that in the interests of justice and procedural fairness, the Applicant's Notice of Motion application must be served upon the Respondent, who should be given an opportunity to respond. The court set clear timelines for the exchange of affidavits and written submissions to ensure expeditious disposal of the application. The Deputy Registrar was directed to avail the original record of proceedings in the related criminal case. A production order was issued for the Applicant to facilitate their participation. The matter was set for mention to confirm compliance and for further directions on the ruling date.
Court Disposition
Directions issued for service, responses, submissions, production order, and mention date set.
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
M v Director of Public Prosecutions (Criminal Revision E161 of 2024) [2024] KEHC 13148 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13148 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Revision E161 of 2024
DO Chepkwony, J
October 24, 2024
Between
JWM
Applicant
and
Director of Public Prosecutions
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 OF OCTOBER , 2024 .D. O. CHEPKWONYJUDGEIn the presence of:Mr. Hamisi Mzari counsel for ApplicantM.S Ndeda counsel for RespondentCourt Assistant - Martin