[2023] KEHC 19265 (KLR)
The court found that the application for review of sentence was not urgent and required service upon the State. Both parties were to be given an opportunity to file responses before the matter could proceed to substantive hearing. The court set timelines for the filing of responses and scheduled a mention for...
Source-derived case information.
- Citation
- [2023] KEHC 19265 (KLR)
- Parties
- Applicant: Mary Nkitore; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E226 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Preliminary Directions
- Outcome
- Preliminary directions issued; application not certified urgent; timelines set for responses and mention for directions.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Criminal Procedure, Application for Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Nkitore
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Directions
Legal Issues
- 1 Whether the applicant's sentence in JKIA Law Courts Criminal Case No 101 of 2019 should be reviewed.
- 2 Whether the application is urgent and warrants immediate attention.
Ratio Decidendi
The court found that the application for review of sentence was not urgent and required service upon the State. Both parties were to be given an opportunity to file responses before the matter could proceed to substantive hearing. The court set timelines for the filing of responses and scheduled a mention for directions, ensuring procedural fairness and adherence to due process.
Court Disposition
Preliminary directions issued; application not certified urgent; timelines set for responses and mention for directions.
Orders
- This matter is NOT certified urgent.
- The application and order to be served upon the State.
Full Case Text
Judgment text and source record
18 paragraphs
Nkitore v Republic (Miscellaneous Criminal Application E226 of 2023) [2023] KEHC 19265 (KLR) (Crim) (21 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19265 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E226 of 2023
DR Kavedza, J
June 21, 2023
Between
Mary Nkitore
Applicant
and
Republic
Respondent
Ruling
1I have gone through the Notice of Motion application dated June 12, 2023 filed under a Certificate of Urgency and the supporting affidavit of the applicant of even date seeking a review of the sentence imposed by the trial court in JKIA Law Courts Criminal Case No 101 of 2019 and accordingly issue the following orders:1. This matter is NOT certified urgent2. The application and order to be served upon the State.3. The state to file a response on July 4, 2023. 4. The applicant is at liberty to file a response thereof on or before July 20, 2023.
5. Mention for directions on September 21, 2023.
DATED AND DELIVERED VIRTUALLY ON 21STJUNE, 2023______________D. KAVEDZAJUDGE