[2023] KEHC 25746 (KLR)
The court declined to certify the application as urgent because the applicant failed to annex the document examiner’s report, which was material to the urgency claimed. The court therefore did not grant interim preservation orders at this stage. Instead, the court issued directions for the lower court file and...
Source-derived case information.
- Citation
- [2023] KEHC 25746 (KLR)
- Parties
- Applicant: Yannick Kamate Mutshipay; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 23 of 2023
- Procedural Posture
- Criminal Appeal / Interlocutory Application (ruling on Urgency and Directions)
- Outcome
- Application for urgency declined; directions issued for further conduct of the matter.
- Judges
- DR Kavedza
- Legal Topics
- Interlocutory Injunctions, Preservation of Property, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yannick Kamate Mutshipay
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Application (ruling on Urgency and Directions)
Legal Issues
- 1 Whether the application for preservation of the airplane registered as N727YK should be certified as urgent.
- 2 Whether interim orders restraining interference with the airplane should be granted pending hearing and determination of the application.
Ratio Decidendi
The court declined to certify the application as urgent because the applicant failed to annex the document examiner’s report, which was material to the urgency claimed. The court therefore did not grant interim preservation orders at this stage. Instead, the court issued directions for the lower court file and certified record of proceedings to be availed, ordered service of the application and ruling on the respondent, and set timelines for response and mention for further directions. The court emphasized adherence to procedural requirements and the need for supporting documentation when seeking urgent interlocutory relief.
Court Disposition
Application for urgency declined; directions issued for further conduct of the matter.
Orders
- This matter is not certified urgent.
- The lower court file and a certified record of proceedings shall be submitted to the High Court at the earliest opportunity as per the court orders dated 27/9/2023 and 19/9/2023 respectively.
Full Case Text
Judgment text and source record
18 paragraphs
Mutshipay v Republic (Criminal Appeal 23 of 2023) [2023] KEHC 25746 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25746 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 23 of 2023
DR Kavedza, J
November 27, 2023
Between
Yannick Kamate Mutshipay
Applicant
and
Republic
Respondent
Ruling
1I have considered the notice of motion application dated November 23, 2023, filed under certificate of urgency and the supporting affidavit of the applicant, Yannick Kamate Mutshipay, of even date. The applicant seeks orders, inter alia, that pending the hearing and determination of the application herein, the Airplane duly registered by the Federal Aviation Administration under N727YK remains at the JKIA and shall not be leased, charged, sold, auctioned, taken out of the facility or interfered with by the Respondent, complainant or any other party.
2I however note that the document examiner’s report is not annexed to the application. I therefore decline to certify the matter urgent at this juncture and direct as follows:1. This matter in not certified urgent.2. The lower court file and a certified record of proceedings shall be submitted to the High Court at the earliest opportunity as per the court orders dated 27/9/2023 and 19/9/2023 respectively.3. The application and order of this court to be served upon the respondent within 7 days from the date hereof.4. Upon service, the respondent to file a response within 14 days.5. This matter shall be mentioned on 12/2/2024 for directions as earlier directed.
Orders accordingly.
Ruling dated and delivered in the absence of parties this 27th day of NOVEMBER 2023. D. KAVEDZAJUDGE