[2023] KEHC 19070 (KLR)
The court declined to bring forward the hearing date as requested by the appellants, citing the unavailability of an earlier date in the court diary. The court maintained the original hearing date of 20/7/2023. Directions were issued for the State Counsel to file a response to the application, and the applicant was...
Source-derived case information.
- Citation
- [2023] KEHC 19070 (KLR)
- Parties
- Appellant: Offem James Omini; Appellant: Olesegun Adewale Popoola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 140 of 2023
- Procedural Posture
- Criminal Appeal / Interlocutory Application; Directions on Hearing and Medical Examination
- Outcome
- Interlocutory orders issued; hearing date maintained; directions on medical examination granted.
- Judges
- DR Kavedza
- Legal Topics
- Bail and Bond, Prisoner Medical Rights, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Offem James Omini
Appellant
Olesegun Adewale Popoola
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Application; Directions on Hearing and Medical Examination
Legal Issues
- 1 Whether the hearing date for the application could be brought forward as requested by the appellants.
- 2 Whether directions should be given regarding the filing of responses to the application.
- 3 Whether the applicant should be escorted for medical examination and treatment.
Ratio Decidendi
The court declined to bring forward the hearing date as requested by the appellants, citing the unavailability of an earlier date in the court diary. The court maintained the original hearing date of 20/7/2023. Directions were issued for the State Counsel to file a response to the application, and the applicant was granted liberty to file a reply within five days of service, but not later than 11/7/2023. Additionally, the court ordered that the officer in charge of prison escort the applicant to Kenyatta National Hospital for examination and treatment, with a medical report to be filed by the next hearing date. These directions ensure both procedural fairness and the protection of the...
Court Disposition
Interlocutory orders issued; hearing date maintained; directions on medical examination granted.
Orders
- The hearing of the application shall proceed on 20/7/2023 as earlier scheduled.
- The State Counsel is to file a response to the application as previously directed.
Full Case Text
Judgment text and source record
24 paragraphs
Omini & another v Republic (Criminal Appeal 140 of 2023) [2023] KEHC 19070 (KLR) (Crim) (20 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19070 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal 140 of 2023
DR Kavedza, J
June 20, 2023
Between
Offem James Omini
1st Appellant
Olesegun Adewale Popoola
2nd Appellant
and
Republic
Respondent
Ruling
1. I have gone through the letter dated 14/6/2023 from Vincent Oketch, advocate for the appellants, requesting for an earlier date instead of the originally allocated date of 20/7/2023.
2. This court assigned the said date to the parties after going through the court diary. Therefore, the nearest available date for hearing of the application remains 20/7/2023.
3. However, I hereby direct the State Counsel to file a response to the application as directed on 26/5/2023. The applicant is at liberty to file a response thereto within 5 days upon service and not later than 11/7/2023.
4. Secondly, it is hereby ordered that the officer in charge of prison to escort the applicant to Kenyatta National Hospital for examination and treatment. A medical report to be filed in this court on 20/7/2023.
5. This matter shall be heard on 20/7/2023 as earlier scheduled.
6. It is so ordered.
RULING DATED AND DELIVERED VIRTUALLY ON 20TH JUNE 2023. ____________________D. KAVEDZAJUDGE