[2005] KEHC 427 (KLR)
The court determined that, since the original file had not yet been placed before it for perusal and a decision on the merits would take time, there was a real risk that the eviction orders could be executed before the revision application was heard and determined. To prevent possible injustice and to preserve the...
Source-derived case information.
- Citation
- [2005] KEHC 427 (KLR)
- Parties
- Applicant: Malik Mohammed Kipsang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Revision Case 1 of 2005
- Procedural Posture
- Criminal Revision / Interlocutory
- Outcome
- Stay of execution granted pending revision.
- Judges
- JK Sergon
- Legal Topics
- Revision Jurisdiction, Stay of Execution, Public Health Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Malik Mohammed Kipsang
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory
Legal Issues
- 1 Whether the execution of eviction orders issued against tenants should be stayed pending the determination of the revision application.
- 2 Whether the High Court should call for and review the lower court file before the execution of the orders.
Ratio Decidendi
The court determined that, since the original file had not yet been placed before it for perusal and a decision on the merits would take time, there was a real risk that the eviction orders could be executed before the revision application was heard and determined. To prevent possible injustice and to preserve the status quo, the court exercised its discretion to stay the execution of the orders issued on 31st January 2005 pending the outcome of the revision. The Deputy Registrar was also directed to place the original lower court file before the judge for further consideration.
Court Disposition
Stay of execution granted pending revision.
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
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
REVISION 1 OF 2005 (1)
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 tennants 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