[2023] KEHC 19652 (KLR)
The court found that the applicant had filed a subsequent application for sentence review before the date previously set for mention. Recognizing the urgency claimed and the procedural posture, the court certified the matter as urgent, directed the lower court file to be availed by a specified date, and set...
Source-derived case information.
- Citation
- [2023] KEHC 19652 (KLR)
- Parties
- Applicant: Japheth Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E528 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Application for Sentence Review; Pre Mention Orders
- Outcome
- Procedural orders issued; matter certified urgent; directions given for service, response, and mention.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japheth Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Application for Sentence Review; Pre Mention Orders
Legal Issues
- 1 Whether the applicant is entitled to urgent consideration of a sentence review application before the scheduled mention date.
- 2 Whether the filing of a subsequent application seeking similar orders before the mention date is proper.
Ratio Decidendi
The court found that the applicant had filed a subsequent application for sentence review before the date previously set for mention. Recognizing the urgency claimed and the procedural posture, the court certified the matter as urgent, directed the lower court file to be availed by a specified date, and set timelines for service and response. The court emphasized the need for procedural compliance and fairness, ensuring both parties are accorded an opportunity to be heard before substantive determination. The orders were limited to procedural directions and did not address the merits of the sentence review at this stage.
Court Disposition
Procedural orders issued; matter certified urgent; directions given for service, response, and mention.
Orders
- This matter is certified as urgent.
- The lower court file be availed without fail on July 13, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Ochieng v Republic (Criminal Revision E528 of 2023) [2023] KEHC 19652 (KLR) (Crim) (5 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19652 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E528 of 2023
DR Kavedza, J
July 5, 2023
Between
Japheth Ochieng
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the Notice of Motion application dated June 29, 2023 filed under certificate of urgency and the supporting affidavit of the applicant of even date seeking an order of sentence review.I note that on June 22, 2023, the applicant, Japheth Ochieng, filed an application seeking similar orders as sought in this application. I issued orders, inter alia, directing that the lower court file should be availed on July 13, 2023.
2. The applicant has however filed a subsequent application seeking similar orders before the date given by this court for mention, which is July 20, 2023. Having gone through the ex parte application, I issue the following orders:1. That this matter is certified as urgent.2. That the lower court file be availed Untyped Without fail on July 13, 2023. 3.That the Deputy Registrar (DR) to ensure compliance of this order.4. That the application and order of this court be served upon the respondent on or before July 7, 2023. 5.That upon service, the respondent to file a response on or before July 14, 2023. 6.That this matter be mentioned on July 21, 2023 for directions.Orders accordingly.
RULING DATED DELIVERED VIRTUALLY THIS 5TH DAY OF JULY 2023. D KAVEDZAJUDGE