[2024] KEHC 13458 (KLR)

[2024] KEHC 13458 (KLR)

The court directed that the applicant serve the notice of motion upon the respondent by a specified date to enable the respondent to file and serve their response within 14 days. The application is to be disposed of by way of written submissions, with both parties given equal opportunity to file submissions within...

Source-derived case information.

Citation
[2024] KEHC 13458 (KLR)
Parties
Applicant: Susan Mutimba; Respondent: Dpp
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Criminal Revision E165 of 2024
Procedural Posture
Criminal Revision / Directions on Notice of Motion; Pre Hearing
Outcome
Directions issued for service, responses, written submissions, production order, and mention for compliance.
Judges
DO Chepkwony
Legal Topics
Criminal Revision Procedure, Service of Process, Written Submissions, Production Orders
Source Language
en
Criminal Law Criminal Revision Procedure Service of Process Written Submissions Production Orders

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Summary, issues, holding and outcome

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Parties

Susan Mutimba

Applicant

Dpp

Respondent

Procedural Posture

Criminal Revision / Directions on Notice of Motion; Pre Hearing

Legal Issues

  1. 1 Whether the applicant's notice of motion should be served and responded to within specified timelines.
  2. 2 What directions should be issued for the disposal of the application by written submissions.
  3. 3 Whether a production order should issue for the applicant.

Ratio Decidendi

The court directed that the applicant serve the notice of motion upon the respondent by a specified date to enable the respondent to file and serve their response within 14 days. The application is to be disposed of by way of written submissions, with both parties given equal opportunity to file submissions within set timelines. The Deputy Registrar is to call for the original record of proceedings in the related criminal case. A production order is issued for the applicant to facilitate her participation. These directions ensure procedural fairness, compliance with the rules of natural justice, and efficient case management.

Court Disposition

Directions issued for service, responses, written submissions, production order, and mention for compliance.

Orders

  • Applicant's counsel to serve the application upon the respondent before close of business on 25th October, 2024.
  • Respondent to file and serve their response within 14 days from the date of service.