[2023] KEHC 20677 (KLR)
The court found that the application for sentence review was urgent and warranted immediate attention. Accordingly, the court certified the matter as urgent, directed the lower court file to be availed without delay, ordered service of the application and court order upon the respondent, and set strict timelines for...
Source-derived case information.
- Citation
- [2023] KEHC 20677 (KLR)
- Parties
- Applicant: Joshua Kiogora Marete; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 546 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Application for Sentence Review
- Outcome
- Application certified urgent; directions issued for expeditious handling.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Kiogora Marete
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence by the High Court.
- 2 Whether the application is urgent and warrants immediate directions.
Ratio Decidendi
The court found that the application for sentence review was urgent and warranted immediate attention. Accordingly, the court certified the matter as urgent, directed the lower court file to be availed without delay, ordered service of the application and court order upon the respondent, and set strict timelines for the respondent to file a response. The matter was scheduled for mention for further directions, ensuring procedural fairness and expeditious handling of the application.
Court Disposition
Application certified urgent; directions issued for expeditious handling.
Orders
- The matter is certified urgent.
- The lower court file to be availed untyped without fail before close of business on 25/7/2023.
Full Case Text
Judgment text and source record
17 paragraphs
Marete v Republic (Criminal Revision 546 of 2023) [2023] KEHC 20677 (KLR) (Crim) (25 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20677 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision 546 of 2023
DR Kavedza, J
July 25, 2023
Between
Joshua Kiogora Marete
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the undated Notice of Motion application filed under certificate of urgency and the undated supporting affidavit of the applicant seeking sentence review, and order as follows:1. That the matter is certified urgent.2. That the lower court file be availed Untyped Without fail before close of business today, 25/7/2023. 3.That the application and order of this court be served upon the respondent on or before 26/7/2023. 4.That upon service, the respondent to file a response within 3 days and not later than 28/7/2023. 5.That this matter be mentioned on 31/7/2023 for directions.Orders accordingly.
RULING DATED DELIVERED IN ABSENCE OF PARTIES THIS 25TH DAY OF JULY 2023. .................................D. KAVEDZAJUDGE