[2022] KEHC 2945 (KLR)
The court found that the application raised urgent issues regarding the legality and propriety of the deportation order issued by the subordinate court. To prevent possible irreparable harm to the applicants pending a full hearing, the court exercised its discretion to grant a temporary stay of execution of the...
Source-derived case information.
- Citation
- [2022] KEHC 2945 (KLR)
- Parties
- Applicant: Serogo Alex; Applicant: Mumuporeze Ann; Applicant: Kezia Alice; Applicant: Munyarugamba Erick; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 2 of 2022
- Procedural Posture
- Criminal Revision / Interlocutory Application for Stay and Calling of Lower Court Record
- Outcome
- Temporary stay of deportation order granted pending inter partes hearing; lower court record called for review.
- Judges
- RE Aburili
- Legal Topics
- Deportation Orders, Criminal Revision, Stay of Execution, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serogo Alex
Applicant
Mumuporeze Ann
Applicant
Kezia Alice
Applicant
Munyarugamba Erick
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Application for Stay and Calling of Lower Court Record
Legal Issues
- 1 Whether the applicants are entitled to a temporary stay of execution of the deportation order issued by the Kisumu Chief Magistrate's Court on 30/11/2021.
- 2 Whether the application is urgent and deserving of ex parte consideration.
- 3 Whether the court should call for the lower court record for review.
Ratio Decidendi
The court found that the application raised urgent issues regarding the legality and propriety of the deportation order issued by the subordinate court. To prevent possible irreparable harm to the applicants pending a full hearing, the court exercised its discretion to grant a temporary stay of execution of the deportation order. The court further directed that the application be served on the relevant state agencies for inter partes hearing and called for the lower court record to facilitate a comprehensive review. The urgency and potential consequences justified ex parte consideration and interim relief.
Court Disposition
Temporary stay of deportation order granted pending inter partes hearing; lower court record called for review.
Orders
- The application to be served upon the Office of Director of Public Prosecutions, Kisumu and the Directorate of Immigration and Registration of Persons forthwith for inter partes consideration before the recess duty judge on 13/1/2022.
- Pending inter partes consideration of the application, a temporary stay of execution of the deportation order made on 30/11/2021 is issued, prohibiting enforcement against all the applicants.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 2 OF 2022
(ORIGINATING FROM KISUMU CRIMINAL REVISION NO. E001/2022)
SEROGO ALEX............................................1ST APPLICANT
MUMUPOREZE ANN................................2ND APPLICANT
KEZIA ALICE............................................3RD APPLICANT
MUNYARUGAMBA ERICK...................4TH APPLICANT
VERSUS
REPUBLIC...................................................RESPONDENT
RULING
1. I have perused the 2 applications by the applicants. The first applications seeks leave to be heard during the recess. I grant leave to be heard during the recess. The second application seeks for various orders and challenges the correctness, legality and propriety of the orders made on 30/11/2021 in Kisumu CM’s court Cr. Case No E1425 of 2021 by Hon. J. Wambilyanga (SPM). The applicants also seek to halt the deportation order of the said court and pray for status quo.
2. I am satisfied that the application is urgent and deserves consideration expartein the first instance. I certify it as urgent and make the following orders:
(1) The application to be served upon the Office of Director of Public Prosecutions, Kisumu and the Directorate of Immigration and Registration of persons forthwith for interpartes consideration before the recess duty judge on 13/1/2022.
(2)Pending interpartes consideration of the application, a temporary stay of execution of the deportation Order made on 30/11/2021 be and is hereby issued, prohibiting the Directorate of Immigration and Registration of Persons or the National Police Service or any office holder responsible for enforcing the deportation Order of 30/11/2021 made in Kisumu CM’s court Cr. Case No. E1425/2021 against all the applicants/convicts; Serogo Alex, Mumuporeza Ann, Kezia Alice and Munyarugamba Eric.
(3) The entire court record in Kisumu CM Cr. E1425/2021 is hereby called into this court for perusal and consideration by the recess duty court.
(4) These proceedings and order to be typed/extracted and signed and forthwith sent to Kisumu High Court for further necessary action.
3. Order accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF JANUARY, 2022
R.E. ABURILI
JUDGE