[2023] KEHC 18190 (KLR)
The court found that the application for revision was not urgent and declined to certify it as such. However, the court acknowledged its jurisdiction to call for the lower court file to examine the legality and propriety of the impugned order. The court directed the applicant to serve the respondent and set...
Source-derived case information.
- Citation
- [2023] KEHC 18190 (KLR)
- Parties
- Applicant: Seth Steve Okute; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E190 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Preliminary Application for Revision and Directions
- Outcome
- Application for urgency declined; directions issued for service, response, and mention.
- Judges
- DR Kavedza
- Legal Topics
- Judicial Review, Criminal Revision, Procedure for Revision, Urgency Certification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Seth Steve Okute
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Application for Revision and Directions
Legal Issues
- 1 Whether the application for revision of the lower court's order is urgent and should be certified as such.
- 2 Whether the court should call for the lower court file to examine the correctness, propriety, and legality of the order issued under sections 362 and 364 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the application for revision was not urgent and declined to certify it as such. However, the court acknowledged its jurisdiction to call for the lower court file to examine the legality and propriety of the impugned order. The court directed the applicant to serve the respondent and set timelines for the respondent to file a response. The lower court file was ordered to be availed by a specified date, and the matter was set for mention for further directions. The decision was based on the procedural requirements for revision applications and the need to ensure both parties are heard before substantive orders are made.
Court Disposition
Application for urgency declined; directions issued for service, response, and mention.
Orders
- This matter is not certified urgent.
- The applicant to serve the respondent with the application and the order of this court within three days from the date hereof.
Full Case Text
Judgment text and source record
17 paragraphs
Okute v Republic (Miscellaneous Criminal Case E190 of 2023) [2023] KEHC 18190 (KLR) (Judicial Review) (29 May 2023) (Ruling)
Neutral citation: [2023] KEHC 18190 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Miscellaneous Criminal Case E190 of 2023
DR Kavedza, J
May 29, 2023
Between
Seth Steve Okute
Appellant
and
Republic
Respondent
Ruling
1. I have gone through the Notice of Motion application dated May 18, 2023 filed under certificate and the affidavit of Wandugi K. Karathe, the applicant’s advocate, of even date. The applicant seeks orders that this court be pleased to call for the record of the lower court file, Milimani Chief Magistrate Miscellaneous Case No E838 of 2023, to examine the correctness, propriety and legality of the order issued on March 20, 2023 under sections 362 and 364 of the Criminal Procedure Code (CPC) and articles 159 and 50 of theConstitution.Having considered the same, I issue the following orders: -a.That this matter is not certified urgent.b.That the applicant to serve the respondent with the application and the order of this court within three (3) days from the date hereof.c.That the respondent to file a response within five (5) days of service.d.That the lower court file to be availed on or before 7/6/2023 without fail.e.That the matter be mentioned on 16/6/2023 for directions.
RULING READ AND DELIVERED ON 29TH DAY OF MAY 2023. __________________D. KAVEDZAJUDGE