[2023] KEHC 18957 (KLR)
The court found that the application for review of bond terms was not certified as urgent and therefore did not warrant immediate intervention. The court directed that the application and order be served upon the respondent, who was given time to file a response. The matter was scheduled for mention for directions,...
Source-derived case information.
- Citation
- [2023] KEHC 18957 (KLR)
- Parties
- Appellant: Caroline Mokere; Appellant: Jackline Sabera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E188 of 2023
- Procedural Posture
- Criminal Appeal / Interlocutory Application for Review of Bond Terms
- Outcome
- Application not certified urgent; directions given for service and response.
- Judges
- DR Kavedza
- Legal Topics
- Bail and Bond Review, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Mokere
Appellant
Jackline Sabera
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Application for Review of Bond Terms
Legal Issues
- 1 Whether the High Court should review the bond terms set by the Trial Magistrate denying the appellants the option of cash bail.
- 2 Whether the application for review is urgent and warrants immediate intervention.
Ratio Decidendi
The court found that the application for review of bond terms was not certified as urgent and therefore did not warrant immediate intervention. The court directed that the application and order be served upon the respondent, who was given time to file a response. The matter was scheduled for mention for directions, indicating that the court would consider the merits of the application after hearing both parties. The ruling emphasizes the procedural requirement for service and response before substantive consideration of interlocutory applications for review of bond terms.
Court Disposition
Application not certified urgent; directions given for service and response.
Orders
- The application is not certified urgent.
- The application and order of this court be served upon the respondent on 28/6/2023.
Full Case Text
Judgment text and source record
19 paragraphs
Mokere & another v Republic (Criminal Appeal E188 of 2023) [2023] KEHC 18957 (KLR) (Crim) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18957 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal E188 of 2023
DR Kavedza, J
June 26, 2023
Between
Caroline Mokere
1st Appellant
Jackline Sabera
2nd Appellant
and
Republic
Prosecutor
Ruling
1. I have gone through the Notice of Motion application dated June 20, 2023 and the supporting affidavit of the 1st appellant of even date seeking a review of the orders of the Trial Magistrate granting the appellants bond of Kshs. 500,000 without the option of cash bail, and accordingly issue the following orders:1. That the application is not certified urgent.2. That the application and order of this court be served upon the respondent on 28/6/2023. 3.That upon service, the respondent to file a response on or before 7/7/2023. 4.That this matter be mentioned on 19/7/2023 for directions.Orders accordingly.
RULING DATED DELIVERED VIRTUALLY THIS 26TH DAY OF JUNE 2023. __________________D. KAVEDZAJUDGE