[2004] KEHC 2329 (KLR)

[2004] KEHC 2329 (KLR)

The court, after considering the application for adjournment and the response, exercised its discretion to grant the adjournment reluctantly, finding it appropriate in the circumstances. However, the court declined to grant a stay of proceedings until after hearing the substantive application, emphasizing that such...

Source-derived case information.

Citation
[2004] KEHC 2329 (KLR)
Parties
Applicant: Samwel N. Arer; Applicant: Paul Obara Areri; Applicant: Isaac Karori Kereri; Applicant: Obwoge Nyamweya; Applicant: James Obare Sengenge; Applicant: Denvas Areri; Applicant: Kepha Nyakanga Ombasa; Applicant: Ogachi Kerandi; Applicant: Sibia Gesare Akuma; Applicant: Rebecca Kerubo Nyakwara; Applicant: Rose Nyaboke Thomas; Applicant: Bethseba Kemunto Nyakwara; Respondent: Honourable Attorney General
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Children Miscellaneous Application 89 of 2003
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Adjournment and Stay
Outcome
Adjournment granted; stay declined.
Legal Topics
Adjournment of Hearing, Stay of Proceedings
Source Language
en
Criminal Law Adjournment of Hearing Stay of Proceedings

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Parties

Samwel N. Arer

Applicant

Paul Obara Areri

Applicant

Isaac Karori Kereri

Applicant

Obwoge Nyamweya

Applicant

James Obare Sengenge

Applicant

Denvas Areri

Applicant

Kepha Nyakanga Ombasa

Applicant

Ogachi Kerandi

Applicant

Sibia Gesare Akuma

Applicant

Rebecca Kerubo Nyakwara

Applicant

Rose Nyaboke Thomas

Applicant

Bethseba Kemunto Nyakwara

Applicant

Honourable Attorney General

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Adjournment and Stay

Legal Issues

  1. 1 Whether the application for adjournment should be granted.
  2. 2 Whether a stay of proceedings should be issued pending hearing of the application.

Ratio Decidendi

The court, after considering the application for adjournment and the response, exercised its discretion to grant the adjournment reluctantly, finding it appropriate in the circumstances. However, the court declined to grant a stay of proceedings until after hearing the substantive application, emphasizing that such relief is not automatic and must be justified on proper grounds after hearing both parties.

Court Disposition

Adjournment granted; stay declined.

Orders

  • The application for adjournment is granted.
  • Hearing is scheduled for 23/3/04 at 8:30 a.m.