[2023] KEHC 18375 (KLR)
The court found that the application demonstrated sufficient grounds for urgency and, in the exercise of its discretion, certified the matter as urgent. The court further directed the applicant to serve the respondents promptly, ordered the lower court file to be availed, and set strict timelines for the respondents...
Source-derived case information.
- Citation
- [2023] KEHC 18375 (KLR)
- Parties
- Applicant: Isaiah Mayega Moriasi; Respondent: Director of Criminal Investigations; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E210 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Interlocutory Order on Urgency and Directions
- Outcome
- Application certified urgent; directions issued for service, response, and hearing.
- Judges
- DR Kavedza
- Legal Topics
- Interlocutory Orders, Urgency Certification, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Mayega Moriasi
Applicant
Director of Criminal Investigations
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Order on Urgency and Directions
Legal Issues
- 1 Whether the application should be certified as urgent.
- 2 Whether directions should be issued for service and response timelines.
Ratio Decidendi
The court found that the application demonstrated sufficient grounds for urgency and, in the exercise of its discretion, certified the matter as urgent. The court further directed the applicant to serve the respondents promptly, ordered the lower court file to be availed, and set strict timelines for the respondents to file their responses. These directions were issued to facilitate a fair and expeditious inter-partes hearing of the application.
Court Disposition
Application certified urgent; directions issued for service, response, and hearing.
Orders
- The application is certified urgent.
- The applicant is directed to serve the respondents before close of business on June 13, 2023.
Full Case Text
Judgment text and source record
20 paragraphs
Moriasi v Director of Criminal Investigations & another (Miscellaneous Criminal Application E210 of 2023) [2023] KEHC 18375 (KLR) (Crim) (13 June 2023) (Order)
Neutral citation: [2023] KEHC 18375 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E210 of 2023
DR Kavedza, J
June 13, 2023
Between
Isaiah Mayega Moriasi
Applicant
and
Director of Criminal Investigations
1st Respondent
Director of Public Prosecutions
2nd Respondent
Order
1. Upon reading the notice of motion dated June 6, 2023 by the applicant dated together with the undated supporting affidavit sworn by the applicant.
2. It is hereby ordered:1. That the applications is certified urgent.2. That the applicant is directed to serve the respondents before close of business today June 13, 2023. 3.That the lower court file be availed before June 15, 20234. That the respondents to file a response close of business on June 15, 2023. 5.That the matter is set down for inter-partes hearing on June 16, 2023.
GIVEN UNDER MY HAND AND SEAL THIS 13TH DAY OF JUNE 2023. ...............................D. KAVEDZAJUDGE