[2023] KEHC 18963 (KLR)

[2023] KEHC 18963 (KLR)

The court found that the application presented by the applicant raised issues requiring urgent attention. In the interest of justice and to ensure procedural fairness, the court certified the matter as urgent, directed that a certified copy of the proceedings be availed, ordered service of the application and order...

Source-derived case information.

Citation
[2023] KEHC 18963 (KLR)
Parties
Applicant: Francis Siene Onalo; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision 532 of 2023
Procedural Posture
Criminal Revision / Interlocutory Order
Outcome
interlocutory orders issued; matter certified urgent; directions given for further proceedings.
Judges
DR Kavedza
Legal Topics
Criminal Revision Procedure, Urgent Applications, Service of Process
Source Language
en
Criminal Law Criminal Revision Procedure Urgent Applications Service of Process

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Summary, issues, holding and outcome

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Parties

Francis Siene Onalo

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Interlocutory Order

Legal Issues

  1. 1 Whether the application by Kimosop Tito dated June 22, 2023, should be certified as urgent.
  2. 2 Whether interim procedural orders should be issued pending further directions.

Ratio Decidendi

The court found that the application presented by the applicant raised issues requiring urgent attention. In the interest of justice and to ensure procedural fairness, the court certified the matter as urgent, directed that a certified copy of the proceedings be availed, ordered service of the application and order upon the respondents, and set timelines for the respondents to file a response. The court further scheduled a mention date for directions, thereby ensuring that all parties would have an opportunity to be heard and that the matter would proceed expeditiously.

Court Disposition

interlocutory orders issued; matter certified urgent; directions given for further proceedings.

Orders

  • This matter is certified as urgent.
  • A certified copy of the proceedings to be availed untyped on July 3, 2023.