[2005] KEHC 1948 (KLR)
The court determined that it was necessary to stay the execution of the eviction orders issued by the subordinate court to prevent the orders from being executed before the High Court could review the matter. The judge exercised the court's revisionary and supervisory jurisdiction under sections 362 and 364(1) of...
Source-derived case information.
- Citation
- [2005] KEHC 1948 (KLR)
- Parties
- Applicant: Malik Mohammed Kipsang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 1 of 2005
- Procedural Posture
- Criminal Revision / Interlocutory Application for Stay Pending Revision
- Outcome
- Stay of execution granted pending revision; file to be placed before the judge for further orders.
- Legal Topics
- Revision Jurisdiction, Stay of Execution, Public Health Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Malik Mohammed Kipsang
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Application for Stay Pending Revision
Legal Issues
- 1 Whether the execution of eviction orders issued by the subordinate court should be stayed pending the determination of the revision application.
- 2 Whether the High Court should call for and peruse the subordinate court file before making a substantive decision.
Ratio Decidendi
The court determined that it was necessary to stay the execution of the eviction orders issued by the subordinate court to prevent the orders from being executed before the High Court could review the matter. The judge exercised the court's revisionary and supervisory jurisdiction under sections 362 and 364(1) of the Criminal Procedure Code, finding that the interests of justice required a temporary stay of execution until the original file was perused and a substantive decision made. The court also directed the Deputy Registrar to place the relevant subordinate court file before the judge for further consideration.
Court Disposition
Stay of execution granted pending revision; file to be placed before the judge for further orders.
Orders
- Execution of the orders issued on 31.1.2005 is stayed pending the outcome of this revision.
- The Deputy Registrar is directed to place before the judge the original file No. Bungoma S.P.M. Misc Cr. Application No. 4 of 2005 for perusal and further orders.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE HIGH COURT OF KENYA AT BUNGOMA REVISION NO. 1 OF 2005. MALIK MOHAMMED KIPSANG…………………………………….APPLICANT VS REPUBLIC………………………………………………………….RESPONDENT RULING ON REVISION
This matter was brought to my attention pursuant to the provisions of sections 362 and 364 (1) of the criminal procedure code. The issue at stake is that the Public Health Officer has obtained orders of eviction against 7 tenants occupying premises situated in L.R. No. BUNGOMA MUNICIPALITY/1368. via Bungoma S.P.M’s Misc. Criminal Application No. 4 of 2005. In fact the tenants have been given notices to vacate.
I am yet to call for the file to be placed before me so that I may peruse and make a decision over it. That will obviously take time and the orders complained of may be executed before a decision is made. At this stage I direct that execution of the orders issued on 31. 1.2005 be stayed pending the outcome of this Revision. In the same breath the Deputy Registrar is directed to place before me the original file No. Bungoma S.P.M. Misc Cr. Application No. 4 of 2005 for perusal and further orders.
DATED AND DELIVERED THIS 10th .DAY OF February 2005
J.K. SERGON JUDGE