[2023] KEHC 27037 (KLR)
The court found that the application did not meet the threshold for certification as urgent. The judge directed procedural steps to ensure the respondent is served and afforded an opportunity to respond, and for the lower court file to be availed for further consideration. The matter was set for mention to give...
Source-derived case information.
- Citation
- [2023] KEHC 27037 (KLR)
- Parties
- Applicant: Samwel Njenga Mwaura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Petition E001 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Application for Conservatory Orders
- Outcome
- Application for certification as urgent declined; procedural directions issued.
- Judges
- DR Kavedza
- Legal Topics
- Conservatory Orders, Criminal Prosecution Stay, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Njenga Mwaura
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Conservatory Orders
Legal Issues
- 1 Whether the applicant is entitled to conservatory orders restraining the respondent from proceeding with the criminal case at JKIA Chief Magistrate’s Court.
- 2 Whether the application meets the threshold for certification as urgent.
Ratio Decidendi
The court found that the application did not meet the threshold for certification as urgent. The judge directed procedural steps to ensure the respondent is served and afforded an opportunity to respond, and for the lower court file to be availed for further consideration. The matter was set for mention to give directions after compliance with these procedural requirements.
Court Disposition
Application for certification as urgent declined; procedural directions issued.
Orders
- The application is not certified urgent.
- The Deputy Registrar is directed to avail the lower court file untyped within 60 days from the date hereof.
Full Case Text
Judgment text and source record
16 paragraphs
Mwaura v Republic (Petition E001 of 2023) [2023] KEHC 27037 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27037 (KLR)
Republic of Kenya
In the High Court at Kibera
Petition E001 of 2023
DR Kavedza, J
December 19, 2023
Between
Samwel Njenga Mwaura
Applicant
and
Republic
Respondent
Ruling
1. The Petitioner Samwel Njenga Mwaura filed a notice of motion dated 19th December 2023, under certificate of urgency. The applicant is seeking conservatory orders restraining the respondent from proceeding with JKIA Chief Magistrate’s Court Criminal Case no. E003 of 2023 Having considered the application, I hereby make the following orders:i.The application is not certified urgent.ii.The Deputy Registrar is directed to avail the lower court file Untyped within 60 days from the date hereof.iii.The applicant is directed to serve their respondent with the application and order of this court within 7 days from the date hereof.iv.Upon service, the respondent is directed to file a response within 14 days.v.The matter shall be mentioned on 14th March 2024 for directions.Notices shall issue accordingly.
RULING DATED AND DELIVERED THIS 19TH DAY OF DECEMBER, 2023D. KAVEDZAJUDGE