[2023] KEHC 20728 (KLR)
The court found that the application for sentence review was urgent and warranted interim procedural orders. The court directed that the lower court file be availed within a specified period, that the application and order be served on the respondent, and that the respondent be given an opportunity to respond. The...
Source-derived case information.
- Citation
- [2023] KEHC 20728 (KLR)
- Parties
- Applicant: Saheed Adisa Shabi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 561 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Ruling on Application for Sentence Review
- Outcome
- Interlocutory orders granted; directions issued for service, response, and mention.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Review, Criminal Revision Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saheed Adisa Shabi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence by the High Court.
- 2 Whether the application meets the threshold for urgency and interim orders.
Ratio Decidendi
The court found that the application for sentence review was urgent and warranted interim procedural orders. The court directed that the lower court file be availed within a specified period, that the application and order be served on the respondent, and that the respondent be given an opportunity to respond. The matter was set for mention for further directions. The court did not determine the substantive merits of the sentence review at this stage, but ensured procedural fairness and compliance with statutory requirements for revision applications.
Court Disposition
Interlocutory orders granted; directions issued for service, response, and mention.
Orders
- The matter is certified urgent.
- The lower court file to be availed untyped within 60 days and not later than 25/9/2023.
Full Case Text
Judgment text and source record
21 paragraphs
Shabi v Republic (Criminal Revision 561 of 2023) [2023] KEHC 20728 (KLR) (Crim) (25 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20728 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision 561 of 2023
DR Kavedza, J
July 25, 2023
Between
Saheed Adisa Shabi
Applicant
and
Republic
Respondent
Ruling
I have gone through the undated Notice of Motion application filed under certificate of urgency and the undated supporting affidavit of the applicant, Saheed Adisa Shabi, seeking sentence review, and order as follows: 1. That the matter is certified urgent.
2. That the lower court file be availed Untyped Without fail within 60 days and not later than 25/9/2023.
3. That the application and order of this court be served upon the respondent within 7 days from the date hereof.
4. That upon service, the respondent to file a response within 14 days.
5. That this matter be mentioned on 7/11/2023 for directions.Orders accordingly.
RULING DATED DELIVERED IN ABSENCE OF PARTIES THIS 25TH DAY OF JULY 2023. ......................................D. KAVEDZAJUDGE