[2024] KEHC 3386 (KLR)
The court found that the application for revision of sentence did not meet the threshold for certification as urgent. The court directed the applicant to serve the respondent with the application and the order within seven days, and the respondent to file a response within fourteen days of service. The Deputy...
Source-derived case information.
- Citation
- [2024] KEHC 3386 (KLR)
- Parties
- Applicant: Nelson Musili Matheka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 102 of 2024
- Procedural Posture
- Criminal Revision / Directions
- Outcome
- Directions issued; application not certified urgent.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Criminal Procedure, Urgency Certification
- 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
Nelson Musili Matheka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Directions
Legal Issues
- 1 Whether the applicant's request for revision of sentence warrants urgent certification.
- 2 What procedural steps should be followed in the determination of the criminal revision application.
Ratio Decidendi
The court found that the application for revision of sentence did not meet the threshold for certification as urgent. The court directed the applicant to serve the respondent with the application and the order within seven days, and the respondent to file a response within fourteen days of service. The Deputy Registrar was ordered to avail the original untyped trial court file within thirty days. The matter was set for mention on 10th June 2024 for further directions. The court's directions ensure procedural fairness and compliance with statutory timelines in criminal revision matters.
Court Disposition
Directions issued; application not certified urgent.
Orders
- The matter is not certified urgent.
- The applicant is directed to serve the respondent with the application and the order of this court within seven days from the date hereof.
Full Case Text
Judgment text and source record
16 paragraphs
Matheka v Republic (Criminal Revision 102 of 2024) [2024] KEHC 3386 (KLR) (9 April 2024) (Directions)
Neutral citation: [2024] KEHC 3386 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 102 of 2024
DR Kavedza, J
April 9, 2024
Between
Nelson Musili Matheka
Applicant
and
Republic
Respondent
Directions
1. I have considered the undated chamber summons application filed under certificate of urgency, and supported by the affidavit of the applicant. The applicant is seeking a revision of the sentence imposed by the trial court. I hereby order that:1. The matter is not certified urgent.2. The applicant is directed to serve the respondent with the application and the order of this court within seven (7) days from the date hereof.3. The respondent is directed to file a response within fourteen (14) days upon service.4. The Deputy Registrar is directed to avail the original untyped trial court file within 30 days from the date hereof.5. The matter shall be mentioned on 10th June 2024 for directions6. Notices shall issue accordingly.Orders accordingly.
DIRECTIONS ISSUED THIS DAY 9TH DAY OF APRIL 2024. D. KAVEDZAJUDGE