[2023] KEHC 26678 (KLR)
The court found that the application for revision was not urgent and therefore did not warrant immediate intervention. The court directed procedural steps to be followed, including availing the lower court file, service of the application and order upon the respondent, and filing of a response by the respondent. The...
Source-derived case information.
- Citation
- [2023] KEHC 26678 (KLR)
- Parties
- Applicant: Bramwel Mofugo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E023 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Preliminary Application for Revision Orders
- Outcome
- Application not certified urgent; procedural directions issued.
- Judges
- DR Kavedza
- Legal Topics
- Revision of Judgment, Criminal Procedure, Magistrates Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bramwel Mofugo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Application for Revision Orders
Legal Issues
- 1 Whether the application for revision of the judgment delivered by the Kibera Chief Magistrate's Court is urgent.
- 2 Whether the applicant is entitled to orders for revision at this stage.
Ratio Decidendi
The court found that the application for revision was not urgent and therefore did not warrant immediate intervention. The court directed procedural steps to be followed, including availing the lower court file, service of the application and order upon the respondent, and filing of a response by the respondent. The matter was set for mention for further directions, emphasizing adherence to procedural fairness and due process before substantive consideration of the revision application.
Court Disposition
Application not certified urgent; procedural directions issued.
Orders
- The application is not certified urgent.
- The Deputy Registrar is directed to avail the lower court file untyped within 60 days from the date hereof.
Full Case Text
Judgment text and source record
16 paragraphs
Mofugo v Republic (Miscellaneous Criminal Application E023 of 2023) [2023] KEHC 26678 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26678 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E023 of 2023
DR Kavedza, J
December 19, 2023
Between
Bramwel Mofugo
Applicant
and
Republic
Respondent
Ruling
1. The applicant Bramwel Mofugo filed a notice of motion dated 15th December 2023, under certificate of urgency. The applicant is seeking orders of revision of the judgement delivered on 27th April 2023, at Kibera Chief Magistrate’s Court Criminal Case no. E1028 of 2020; Republic vs Bramwel Mofugo. Having considered the application, I hereby make the following orders:i.The application is notcertified urgent.ii.The Deputy Registrar is directed to avail the lower court file untypedwithin 60 days from the date hereof.iii.The applicant is directed to serve their respondent with the application and order of this court within 7 days from the date hereof.iv.Upon service, the respondent is directed to file a response within 14 days.v.The matter shall be mentioned on 14th March 2024 for directions.Notices shall issue accordingly.
RULING DATED AND DELIVERED THIS 19TH DAY OF DECEMBER 2023. ...................D. KAVEDZAJUDGE