[2003] KEHC 285 (KLR)
The court determined that, in light of the existing warrant of arrest against the applicant, it was necessary for the applicant to present himself before the court on a date to be fixed for the hearing of the application dated 22/7/2003. On that date, the applicant's counsel would be permitted to make any relevant...
Source-derived case information.
- Citation
- [2003] KEHC 285 (KLR)
- Parties
- Applicant: Pravin Galot; Respondent: Attorney General & Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 535 of 2003
- Procedural Posture
- Criminal Application / Interlocutory Ruling on Mention and Warrant of Arrest
- Outcome
- Hearing date fixed; applicant ordered to attend; further proceedings stayed until compliance.
- Judges
- CA Ombija
- Legal Topics
- Warrant of Arrest, Court Attendance, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pravin Galot
Applicant
Attorney General & Others
Respondent
Procedural Posture
Criminal Application / Interlocutory Ruling on Mention and Warrant of Arrest
Legal Issues
- 1 Whether the applicant should attend court for the hearing of the application dated 22/7/2003.
- 2 Whether the warrant of arrest against the applicant should be addressed before further proceedings.
Ratio Decidendi
The court determined that, in light of the existing warrant of arrest against the applicant, it was necessary for the applicant to present himself before the court on a date to be fixed for the hearing of the application dated 22/7/2003. On that date, the applicant's counsel would be permitted to make any relevant applications for the lifting of the warrant. Until the applicant presents himself and the matter is addressed, all further proceedings in the case are to be stayed. This approach ensures compliance with court orders and proper administration of justice.
Court Disposition
Hearing date fixed; applicant ordered to attend; further proceedings stayed until compliance.
Orders
- Hearing of the application fixed for 1/10/2003.
- The applicant is to attend court on the hearing date.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL APPLICATION 535 OF 2003
PRAVIN GALOT................................................APPLICANT
VERSUS
ATTORNEY GENERAL & OTHERS...................RESPONDENT
R U L I N G
On 14/8/2003 the court ordered that this mater be mentioned on 20/8/2003 with a view to confirming whether the applicant is in a position to attend court and if so for the hearing of the application dated 22/7/2003 and if so when.
I am informed by Mr. Gacivi learned counsel for the Republic that there is already a warrant of arrest of the applicant.
In the foregoing circumstances I take the view that counsel for the applicant should take a date for the application aforesaid. On that date the applicant should present himself before the court when his (applicant’s) counsel could make relevant applications for the lifting of the warrant of arrest. Until such time all further proceedings in this matter should be stayed.
DATED and DELIVERED at NAIROBI this 20th day of August 2003.
N.R.O. OMBIJA
JUDGE Coram: Ombija, J.
Court clerk – Ngugi
Mr. Gacivih:
We need to take a date for hearing of the applications.
N.R.O. OMBIJA
JUDGE
Mr. Opondo:
We can take a date for the application.
N.R.O. OMBIJA
JUDGE
Order:
1)Hearing on 1/10/2003
2) The applicant’s to attend the hearing on the hearing date.
N.R.O. OMBIJA
JUDGE