[2022] KEHC 3385 (KLR)

[2022] KEHC 3385 (KLR)

The court directed that the revision application be served upon the defence counsel to ensure the respondent is accorded a fair opportunity to be heard. The defence counsel was granted liberty to file a replying affidavit, upholding the principles of natural justice and procedural fairness. These directions are...

Source-derived case information.

Citation
[2022] KEHC 3385 (KLR)
Parties
Applicant: Republic; Respondent: Henry Kipngeno
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Case Number
Criminal Revision E049 of 2022
Procedural Posture
Criminal Revision / Interpartes Hearing Scheduled; Directions on Service and Response
Outcome
Directions issued for service and response; matter set for interpartes hearing.
Judges
AN Ongeri
Legal Topics
Criminal Revision Procedure, Service of Process, Replying Affidavit, Interpartes Hearing
Source Language
en
Criminal Law Criminal Revision Procedure Service of Process Replying Affidavit Interpartes Hearing

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Henry Kipngeno

Respondent

Procedural Posture

Criminal Revision / Interpartes Hearing Scheduled; Directions on Service and Response

Legal Issues

  1. 1 Whether the revision application should be served upon the defence counsel for interpartes hearing.
  2. 2 Whether the defence counsel should be granted liberty to file a replying affidavit to the revision application.

Ratio Decidendi

The court directed that the revision application be served upon the defence counsel to ensure the respondent is accorded a fair opportunity to be heard. The defence counsel was granted liberty to file a replying affidavit, upholding the principles of natural justice and procedural fairness. These directions are necessary to facilitate an interpartes hearing, allowing both parties to present their positions before the court determines the merits of the revision application.

Court Disposition

Directions issued for service and response; matter set for interpartes hearing.

Orders

  • The revision application to be served upon the defence counsel for interpartes hearing on 6/5/2022.
  • The defence counsel is at liberty to file a replying affidavit to the revision application.