[2024] KEHC 16053 (KLR)
The court found that since the respondent had not filed a response or submissions, no prejudice would be occasioned by granting the orders sought. The interests of justice required that the appeal be reopened to allow for its proper determination. Accordingly, the order closing Appeal HCCRA E034/2024 was set aside,...
Source-derived case information.
- Citation
- [2024] KEHC 16053 (KLR)
- Parties
- Applicant: Rehoboam Mwongela Muthenya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E034 of 2024
- Procedural Posture
- Criminal Appeal / Ruling on Application to Reopen Appeal and Close Related File
- Outcome
- Application allowed; order closing Appeal HCCRA E034/2024 set aside; appeal reopened; HCCRA/40/2024 closed.
- Judges
- DR Kavedza
- Legal Topics
- Reopening of Appeal, Closure of Case File, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rehoboam Mwongela Muthenya
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application to Reopen Appeal and Close Related File
Legal Issues
- 1 Whether the order closing Appeal HCCRA E034/2024 should be set aside and the appeal reopened.
- 2 Whether HCCRA/40/2024 should be closed as sought by the applicant.
Ratio Decidendi
The court found that since the respondent had not filed a response or submissions, no prejudice would be occasioned by granting the orders sought. The interests of justice required that the appeal be reopened to allow for its proper determination. Accordingly, the order closing Appeal HCCRA E034/2024 was set aside, the file was reopened for hearing, and the related file HCCRA/40/2024 was closed as prayed.
Court Disposition
Application allowed; order closing Appeal HCCRA E034/2024 set aside; appeal reopened; HCCRA/40/2024 closed.
Orders
- The order dated 28 October 2024 directing the closure of Appeal HCCRA E034/2024 is hereby set aside.
- Case file HCCRA E034/2024 is hereby reopened for hearing.
Full Case Text
Judgment text and source record
18 paragraphs
Muthenya v Republic (Criminal Appeal E034 of 2024) [2024] KEHC 16053 (KLR) (19 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16053 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal E034 of 2024
DR Kavedza, J
December 19, 2024
Between
Rehoboam Mwongela Muthenya
Applicant
and
Republic
Respondent
Ruling
1. The appellant filed the present application dated 18th December 2024 seeking orders concerning the reopening of Criminal Appeal No.E034 of 2024 and closure of HCCRA/40/2024. The application is supported by an affidavit sworn by the advocate of the Appellant of similar dates the 18th of December 2024.
2. I have considered the application, the supporting affidavit and the applicable law. I have noted that the Respondent will not be prejudiced if the orders sought are granted as they are yet to file a response to the appeal and file written submissions.
3. In the premises I am inclined to allow the application as prayed in the following terms:I.The order dated 28 October 2024 directing the closure of Appeal HCCRA E034/2024 is hereby set aside.II.Case file HCCRA E034/2024 is hereby reopened for hearing.III.Case file HCCRA/40/2024 is hereby closed.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 19THDAY OF DECEMBER 2024D. KAVEDZAJUDGE