[2023] KEHC 19145 (KLR)

[2023] KEHC 19145 (KLR)

The court determined that the lower court file is essential for the just determination of the criminal revision. The court ordered that the file be availed untyped without fail. In the event of non-compliance, the court administrator is required to explain the challenges faced in availing the file. The matter is to...

Source-derived case information.

Citation
[2023] KEHC 19145 (KLR)
Parties
Applicant: Peter Kimathi Mogambi; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision E199 of 2023
Procedural Posture
Criminal Revision / Order
Outcome
Order issued for the availing of the lower court file and directions for compliance monitoring.
Judges
DR Kavedza
Legal Topics
Criminal Revision Procedure, Court File Management
Source Language
en
Criminal Law Criminal Revision Procedure Court File Management

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Parties

Peter Kimathi Mogambi

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Order

Legal Issues

  1. 1 Whether the lower court file should be availed to facilitate the criminal revision proceedings.
  2. 2 What steps should be taken if the lower court file is not availed before the mention date.

Ratio Decidendi

The court determined that the lower court file is essential for the just determination of the criminal revision. The court ordered that the file be availed untyped without fail. In the event of non-compliance, the court administrator is required to explain the challenges faced in availing the file. The matter is to be mentioned on a specified future date to monitor compliance and progress.

Court Disposition

Order issued for the availing of the lower court file and directions for compliance monitoring.

Orders

  • The lower court file be availed untyped without fail.
  • Failure to avail before the mention date, the court administrator to explain the challenges she is facing in availing the file.