[2023] KEHC 19289 (KLR)
The court found no basis to certify the application as urgent. It directed that the lower court file be typed and proceedings availed to the High Court by a set date. The court further ordered that the application and order be served on the respondent, who was then given a specific period to file responses. The...
Source-derived case information.
- Citation
- [2023] KEHC 19289 (KLR)
- Parties
- Applicant: Paul Kivuli Sote; Applicant: Rawlings Innocent Ogondi; Applicant: Wesley Silvanus Anwanya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E535 of 2023
- Procedural Posture
- Criminal Revision / Interlocutory Ruling
- Outcome
- interlocutory orders issued; urgency not certified
- Judges
- DR Kavedza
- Legal Topics
- Criminal Revision Procedure, Urgency Certification, Filing of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kivuli Sote
Applicant
Rawlings Innocent Ogondi
Applicant
Wesley Silvanus Anwanya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling
Legal Issues
- 1 Whether the application should be certified as urgent.
- 2 Whether directions should be given for the typing and availing of lower court proceedings.
- 3 Whether timelines for service and response should be set.
Ratio Decidendi
The court found no basis to certify the application as urgent. It directed that the lower court file be typed and proceedings availed to the High Court by a set date. The court further ordered that the application and order be served on the respondent, who was then given a specific period to file responses. The matter was set for mention for further directions. The ruling is procedural, focusing on case management and ensuring both parties are accorded due process.
Court Disposition
interlocutory orders issued; urgency not certified
Orders
- The matter is not certified as urgent.
- The lower court file shall be typed and a certified copy of the proceedings availed to the High Court on or before 28/7/2023.
Full Case Text
Judgment text and source record
21 paragraphs
Sote & 2 others v Republic (Criminal Revision E535 of 2023) [2023] KEHC 19289 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19289 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal Revision E535 of 2023
DR Kavedza, J
June 30, 2023
Between
Paul Kivuli Sote
1st Applicant
Rawlings Innocent Ogondi
2nd Applicant
Wesley Silvanus Anwanya
3rd Applicant
and
Republic
Respondent
Ruling
1I have gone through the notice of motion dated 30/6/2023 and the supporting affidavit of Omondi Sam Ogutu, advocate for the applicants, and accordingly issue the following orders:1. That the matter isnotcertified as urgent.2. That the lower court file be Typed and a certified copy of the proceedings be availed to the High Court on or before 28/7/2023. 3.That the application and order of this court be served upon the respondents on or before 4/8/2023. 4.That upon service, the respondents to file their responses on or before 18/8/2023. 5.That this matter be mentioned on 19/9/2023 for directions.
2Orders accordingly.
RULING DATED DELIVERED VIRTUALLY THIS 30TH DAY OF JUNE 2023. ................................D. KAVEDZAJUDGE