[2023] KEHC 4024 (KLR)
The court found that the application demonstrated sufficient grounds for urgency, warranting immediate attention. Accordingly, the application was certified as urgent, directions were issued for prompt service on the respondent, and the lower court was directed to provide typed and certified proceedings to enable...
Source-derived case information.
- Citation
- [2023] KEHC 4024 (KLR)
- Parties
- Applicant: Alfred Jefwa Mulewa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E143 of 2023
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Urgent Application
- Outcome
- Application certified urgent; directions issued for service and mention.
- Judges
- DR Kavedza
- Legal Topics
- Urgent Application, Case Management, Lower Court Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Jefwa Mulewa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Urgent Application
Legal Issues
- 1 Whether the application should be certified as urgent.
- 2 Whether directions should be issued for service and mention of the matter.
- 3 Whether the lower court proceedings should be availed to the High Court.
Ratio Decidendi
The court found that the application demonstrated sufficient grounds for urgency, warranting immediate attention. Accordingly, the application was certified as urgent, directions were issued for prompt service on the respondent, and the lower court was directed to provide typed and certified proceedings to enable the High Court to properly address the matter. The court further scheduled a virtual mention for directions, ensuring procedural fairness and efficient case management.
Court Disposition
Application certified urgent; directions issued for service and mention.
Orders
- The application dated 3.5.2023 is certified urgent.
- The applicant’s counsel to serve the respondents within three days from the date of the order.
Full Case Text
Judgment text and source record
20 paragraphs
Mulewa v Republic (Miscellaneous Case E143 of 2023) [2023] KEHC 4024 (KLR) (Crim) (8 May 2023) (Ruling)
Neutral citation: [2023] KEHC 4024 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Case E143 of 2023
DR Kavedza, J
May 8, 2023
Between
Alfred Jefwa Mulewa
Applicant
and
Republic
Respondent
Ruling
I have gone through the Notice of Motion application dated 3. 5.2023, the certificate of Urgency and supporting affidavit sworn by Senior Sergeant Alfred Jefwa Mulewa of even date and issue orders in the following terms:- 1. That the application dated 3. 5.2023 is certified urgent
2. That the applicant’s counsel to serve the respondents within three days from the date of the order.
3. The proceedings in the lower court file to be typed and certified and a copy thereof be furnished to this court on or before.
4. That this matter be mentioned virtually on 26. 5.2023 for directions.
RULING READ AND DELIVERED ON 8TH DAY OF MAY, 2023. .................................HON. DIANA R. KAVEDZAJUDGE