[2022] KEHC 3215 (KLR)
The court determined that the interests of justice required the applicant's motion to be heard inter partes, with all relevant parties notified and the applicant produced in court. The court exercised its discretion to set the hearing date, direct the Deputy Registrar to issue notices to the Director of Public...
Source-derived case information.
- Citation
- [2022] KEHC 3215 (KLR)
- Parties
- Applicant: Alfred Nganyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 57 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Interlocutory Ruling on Hearing Directions
- Outcome
- Directions issued for inter partes hearing; notices and production order granted.
- Judges
- WM Musyoka
- Legal Topics
- Criminal Procedure, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Nganyi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Ruling on Hearing Directions
Legal Issues
- 1 Whether the applicant's motion should be set down for inter partes hearing.
- 2 Whether notices should be issued to the Director of Public Prosecutions.
- 3 Whether a production order should be made for the applicant's attendance.
Ratio Decidendi
The court determined that the interests of justice required the applicant's motion to be heard inter partes, with all relevant parties notified and the applicant produced in court. The court exercised its discretion to set the hearing date, direct the Deputy Registrar to issue notices to the Director of Public Prosecutions, and order the applicant's production to ensure fair hearing and due process.
Court Disposition
Directions issued for inter partes hearing; notices and production order granted.
Orders
- The motion filed on August 13, 2019, shall be heard inter partes on July 27, 2022.
- The Deputy Registrar shall issue notices to the Director of Public Prosecutions.
Full Case Text
Judgment text and source record
18 paragraphs
Nganyi v Republic (Miscellaneous Criminal Application 57 of 2019) [2022] KEHC 3215 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 3215 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application 57 of 2019
WM Musyoka, J
June 24, 2022
Between
Alfred Nganyi
Applicant
and
Republic
Respondent
Ruling
1. The undated Motion filed herein on August 13, 2019, shall be heard inter partes on July 27, 2022.
2. The Deputy Registrar shall cause notices to be issued on the Director of Public Prosecutions.
3. A production to issue for the applicant’s attendance.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24TH DAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Alfred Nganyi, the petitioner, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.