[2022] KEHC 12970 (KLR)

[2022] KEHC 12970 (KLR)

The court determined that it could not proceed to deliver its ruling in the miscellaneous criminal application without first ascertaining the outcome of the applicant's appeal pending before the Court of Appeal. The status of the appeal is material to the disposition of the application before the High Court....

Source-derived case information.

Citation
[2022] KEHC 12970 (KLR)
Parties
Applicant: Desmond Mukhaya Mulusa; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E081 of 2021
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Order; Ruling Deferred Pending Information From Court of Appeal
Outcome
Ruling deferred pending information on the outcome of the appeal in the Court of Appeal.
Judges
JM Bwonwong'a
Legal Topics
Appeal Status, Deferred Ruling, Criminal Procedure
Source Language
en
Criminal Law Appeal Status Deferred Ruling Criminal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Desmond Mukhaya Mulusa

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Interlocutory Order; Ruling Deferred Pending Information From Court of Appeal

Legal Issues

  1. 1 Whether the High Court can proceed to rule without knowledge of the outcome of the pending appeal in the Court of Appeal.
  2. 2 Whether it is necessary to ascertain the status of the appeal before delivering a ruling.

Ratio Decidendi

The court determined that it could not proceed to deliver its ruling in the miscellaneous criminal application without first ascertaining the outcome of the applicant's appeal pending before the Court of Appeal. The status of the appeal is material to the disposition of the application before the High Court. Accordingly, the Deputy Registrar was directed to inquire into the outcome of the appeal, and the delivery of the ruling was deferred until such information is obtained.

Court Disposition

Ruling deferred pending information on the outcome of the appeal in the Court of Appeal.

Orders

  • The Deputy Registrar of the High Court is directed to find out the outcome of the appellant’s appeal in the Court of Appeal.
  • The delivery of this ruling is deferred until the outcome of the appeal is ascertained.