https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11904
Because the matter implicated the respondent's liberty and fair hearing rights, the court held it was unjust to proceed on documents from the bar without an affidavit on record. The court therefore granted the applicant a short indulgence to file and serve the affidavit and allowed a response, prioritizing...
Source-derived case information.
- Citation
- [2026] KEHC 11904 (KLR)
- Parties
- Applicant: Republic; Respondent: Sabrin Abrikadir Mohamed alias Anzal Omar Mohamed
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E060 of 2026
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for leave to file affidavit allowed; hearing deferred briefly the same day.
- Judges
- ["AM Muteti"]
- Legal Topics
- Revision Application, Right to Liberty, Fair Hearing, Adjournment, Filing Affidavit, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sabrin Abrikadir Mohamed alias Anzal Omar Mohamed
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the court should allow the applicant time to file and serve an affidavit in support of the revision application
- 2 Whether proceeding on oral material alone would unfairly limit the respondent's liberty and fair hearing rights
- 3 Whether constitutional rights and avoidance of technicalities justified granting indulgence
Ratio Decidendi
Because the matter implicated the respondent's liberty and fair hearing rights, the court held it was unjust to proceed on documents from the bar without an affidavit on record. The court therefore granted the applicant a short indulgence to file and serve the affidavit and allowed a response, prioritizing substantive justice over technicality.
Court Disposition
Application for leave to file affidavit allowed; hearing deferred briefly the same day.
Orders
- Applicant to file and serve the intended affidavit by 1.15pm on 30 June 2026.
- Respondent at liberty to file any response by 2.15pm on 30 June 2026.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Mohamed alias Anzal Omar Mohamed (Criminal Revision E060 of 2026) [2026] KEHC 11904 (KLR) (Crim) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 11904 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Criminal Criminal Revision E060 of 2026 AM Muteti, J June 30, 2026 Between Republic Applicant and Sabrin Abrikadir Mohamed alias Anzal Omar Mohamed Respondent Ruling 1.The prosecution Counsel began to prosecute its application for Revision but it turned out that he held documents that we wished to refer the court to from the bar. 2.The court quickly pointed out to the applicants Counsel that the matter of an individual’s liberty under Article 29 of the constitution is so important for the court to allow evidence from the bar which seeks to limit the liberty of the Respondent. 3.Counsel then applied for leave to file an affidavit to have the documents on record before the matter could proceed. Counsel sought for (2) two hours’ indulgence which was objected to by the Respondents Counsel citing the reason that the prosecution has all along had the documents and ought to have filed the same in good time before this hearing. 4.The court has considered the request by Counsel for the applicant and the objection thereto. 5.The issue at hand is so important for the court to simply cut through the motions of a hearing without giving each of the parties a fair opportunity to prosecute their case. 6.Article 29 of the constitution guarantees every individual their freedom and that freedom should not be limited arbitrarily. The Court must do so only in the clearest of cases. 7.The prosecutor was still on its feet prosecuting their case on the application for leave was therefore timeously made. The question that the court has to deal with is balance of the right to a fair hearing of the parties and the issue of technicalities on a matter of a weighty constitutional nature. 8.I am inclined to grant the two bars sought by the applicant and since the hours of business of this court run up to 5.00pm the parties shall return in the course of the day be heard in the spirit of Article 25,50 and 159 of the constitution. 9.The applicant shall ensure that the intended affidavit is filed and served before 1.15pm today and the respondent shall be at liberty to put any response thereto by 2.15pm. 10.Hearing of the application shall proceed at 2.30pm 11.It is so ordered. RULING READ AND DELIVERED IN OPEN COURT THIS 30TH DAY OF JUNE, 2026.............................A. M. MUTETIJUDGEIn the Presence of:Mukwana for ApplicantMogere for StateHabiba - Court Assistant