[2023] KEHC 18713 (KLR)
The court found that the application raised urgent issues regarding the applicants' liberty and the timeliness of the probation report relevant to bail variation. Recognizing the need for expeditious handling of such matters, the court certified the application as urgent, directed the lower court file to be availed...
Source-derived case information.
- Citation
- [2023] KEHC 18713 (KLR)
- Parties
- Applicant: Clinton Kangethe Peter; Applicant: Stephen Agesa Malunda; Applicant: Elvis Kiriga Katuu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E227 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Interlocutory Application for Bail Variation and Related Orders
- Outcome
- Application certified as urgent; interim procedural orders issued; substantive prayers deferred.
- Judges
- DR Kavedza
- Legal Topics
- Bail Variation, Bond Terms, Urgent Certification, Probation Report, Trial Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clinton Kangethe Peter
Applicant
Stephen Agesa Malunda
Applicant
Elvis Kiriga Katuu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Interlocutory Application for Bail Variation and Related Orders
Legal Issues
- 1 Whether the bond orders made by the trial court should be varied or set aside to admit the applicants to bail or bond on reasonable and affordable terms.
- 2 Whether the order requiring the Probation Officer's report to be availed on November 9, 2023 should be set aside.
- 3 Whether the trial should proceed before a different Magistrate other than Hon Okwani at Makadara Law Courts.
Ratio Decidendi
The court found that the application raised urgent issues regarding the applicants' liberty and the timeliness of the probation report relevant to bail variation. Recognizing the need for expeditious handling of such matters, the court certified the application as urgent, directed the lower court file to be availed promptly, and set timelines for service and response. The court did not make a final determination on the substantive prayers for bail variation or transfer of trial, instead issuing interim procedural orders to facilitate a fair and timely hearing of the application.
Court Disposition
Application certified as urgent; interim procedural orders issued; substantive prayers deferred.
Orders
- This matter is certified as urgent.
- The lower court file to be availed untyped on or before 30/6/2023.
Full Case Text
Judgment text and source record
22 paragraphs
Peter & 2 others v Republic (Miscellaneous Criminal Case E227 of 2023) [2023] KEHC 18713 (KLR) (Crim) (21 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18713 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Case E227 of 2023
DR Kavedza, J
June 21, 2023
Between
Clinton Kangethe Peter
1st Applicant
Stephen Agesa Malunda
2nd Applicant
Elvis Kiriga Katuu
3rd Applicant
and
Republic
Respondent
Ruling
1. I have gone through the Notice of Motion dated June 15, 2023 and the supporting affidavits of the applicants of even date seeking the following orders, inter alia:1. That the court be pleased to vary or set aside the bond orders made by the trial court on December 28, 2021 and admit the applicants to bail or bond on reasonable and affordable terms.2. That the court do set aside the order made by the trial court on June 5, 2023 to the effect that Probation Officer’s report pertaining to bail variation be availed on November 9, 2023. 3.That the court be pleased to direct that the trial proceeds before any other Magistrate at Makadara Law Courts other than Hon Okwani.
2. Having considered the application, I hereby issue the following orders:a.That this matter is certified as urgent.b.That the lower court file be availed untyped on or before 30/6/2023. c.That the application and order of this court be served upon the State within three (3) days.d.That upon service the State shall file a response on or before 28/6/2023. e.That this matter be mentioned on 30/6/2023 for directions.
RULING DATED DELIVERED VIRTUALLY THIS 21ST DAY OF JUNE 2023. __________________D. KAVEDZAJUDGE