[2023] KEHC 25878 (KLR)
The court certified the application as urgent and directed that it be served upon the prosecution and the defense within three days. Both the prosecution and the defense are to file their responses within three days of service. The matter is set for mention for directions, indicating that the court has not yet...
Source-derived case information.
- Citation
- [2023] KEHC 25878 (KLR)
- Parties
- Applicant: Republic; Defendant: No 79249 Sgt Ahmed Rashid Hassan; Applicant: Ali Mohammed Ally
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 70 of 2023
- Procedural Posture
- Criminal Case / Ruling on Interlocutory Application for Bond Cancellation
- Outcome
- Application certified urgent; directions issued for service and responses; matter set for mention.
- Judges
- DR Kavedza
- Legal Topics
- Bond Cancellation, Bail Conditions, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
No 79249 Sgt Ahmed Rashid Hassan
Defendant
Ali Mohammed Ally
Applicant
Procedural Posture
Criminal Case / Ruling on Interlocutory Application for Bond Cancellation
Legal Issues
- 1 Whether the accused's bond should be cancelled pending trial.
- 2 Whether the application for bond cancellation is urgent and requires expedited directions.
Ratio Decidendi
The court certified the application as urgent and directed that it be served upon the prosecution and the defense within three days. Both the prosecution and the defense are to file their responses within three days of service. The matter is set for mention for directions, indicating that the court has not yet determined the substantive issue of bond cancellation but has made procedural orders to ensure all parties are heard before a decision is made.
Court Disposition
Application certified urgent; directions issued for service and responses; matter set for mention.
Orders
- The application is certified urgent.
- The applicant is directed to serve the prosecution and the defense with the application and the order of this court within 3 days from the date hereof.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Hassan (Criminal Case 70 of 2023) [2023] KEHC 25878 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25878 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Case 70 of 2023
DR Kavedza, J
November 27, 2023
Between
Republic
Prosecutor
and
No 79249 Sgt Ahmed Rashid Hassan
Accused
Ruling
1. I have considered the notice of motion dated 23rd October 2023 filed under certificate of urgency supported by the affidavit sworn by Ali Mohammed Ally. The applicant Ally Mohammed Ally is seeking the cancellation of the accused’s bond. I hereby make the following orders.1. The application is certified urgent.2. The applicant is directed to serve the prosecution and the defense with the application and the order of this court within 3 days from the date hereof.3. The prosecution and the defense are directed to file a response within 3 days upon service of the application.4. The matter shall be mentioned on 7th December 2023 for directions.
Orders accordingly.
RULING DATED AND DELIVERED THIS 27{{^TH*} DAY OF NOVEMBER 2023. ............................D. KAVEDZAJUDGE.