[2023] KEHC 18962 (KLR)
The court found that the matter was not urgent and thus declined to certify it as such. The court directed that the relevant case file be availed, the application and order be served on the respondent within three days, and the respondent file a response by a specified date. The matter was set for mention before...
Source-derived case information.
- Citation
- [2023] KEHC 18962 (KLR)
- Parties
- Applicant: Harrison Mugo Moses; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E233 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Interlocutory Ruling on Notice of Motion
- Outcome
- Application not certified urgent; procedural directions issued.
- Judges
- DR Kavedza
- Legal Topics
- Psychiatric Evaluation, Probation Report, Release Conditions, Prisoner Release, Urgent Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harrison Mugo Moses
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Ruling on Notice of Motion
Legal Issues
- 1 Whether the applicant has met the conditions for release from prison based on psychiatric and probation reports.
- 2 Whether the application should be certified as urgent.
- 3 What procedural steps should be taken regarding the application.
Ratio Decidendi
The court found that the matter was not urgent and thus declined to certify it as such. The court directed that the relevant case file be availed, the application and order be served on the respondent within three days, and the respondent file a response by a specified date. The matter was set for mention before another judge for allocation or further directions. The court did not make a substantive determination on the merits of the application for release, instead focusing on procedural compliance and ensuring all parties are heard before any substantive orders are made.
Court Disposition
Application not certified urgent; procedural directions issued.
Orders
- The matter is not certified urgent.
- The Deputy Registrar to avail case file No HCCHR/E323/2020, Harrison Mugo Moses v Attorney General & Director of Public Prosecutions on July 21, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Moses v Republic (Miscellaneous Criminal Application E233 of 2023) [2023] KEHC 18962 (KLR) (Crim) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18962 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E233 of 2023
DR Kavedza, J
June 26, 2023
Between
Harrison Mugo Moses
Applicant
and
Republic
Respondent
Ruling
1. Having gone through the Notice of Motion application dated June 23, 2023 and the supporting affidavit of the applicant of even date seeking an order that the Psychiatric Evaluation Report and the Probation report demonstrates the applicant has met the conditions for ensuring the safety and welfare of the person and of the public and that he be released from prison and set free, I accordingly issue the following orders:1. That the matter is notcertified urgent.2. That the Deputy Registrar (DR) to avail case file No HCCHR/E323/2020, Harrison Mugo Moses v Attorney General (AG) & Director of Public Prosecutions (DPP) on July 21, 2023. 3.That the application and order of this court be served upon the respondent within three (3) days from the date hereof.4. That upon service, the respondent to file a response on or before August 10, 2023. 5.That this matter shall be mentioned before Hon Justice Kimondo on September 20, 2023 for allocation and or directions.
2. Orders accordingly.
RULING DATED DELIVERED VIRTUALLY THIS 26TH DAY OF JUNE, 2023. __________________D. KAVEDZAJUDGE