[2023] KEHC 26542 (KLR)

Source-derived case information.

Citation: [2023] KEHC 26542 (KLR)
Parties: Applicant: Paul Kivuli Sote; Applicant: Rawlings Innocent Odondi; Applicant: Moses Liyai Ibwamga; Applicant: Wesley Silivanus Anwanya; Respondent: Republic
Court: High Court
Court Station: High Court at Kibera
Jurisdiction: Kenya
Case Number: Miscellaneous Criminal Application E019 of 2023
Procedural Posture: Miscellaneous Criminal Application / Ruling on Application for Review and Consolidation
Outcome: Application for consolidation and directions granted; matter certified urgent.
Judges: DR Kavedza
Legal Topics: Review of Court Orders, Consolidation of Matters, Urgency Certification
Source Language: en

Criminal Law Civil Procedure Review of Court Orders Consolidation of Matters Urgency Certification

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Parties

Paul Kivuli Sote

Applicant

Rawlings Innocent Odondi

Applicant

Moses Liyai Ibwamga

Applicant

Wesley Silivanus Anwanya

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Review and Consolidation

Legal Issues

1 Whether the application for review of the court orders issued on 19th September 2023 should be heard now that the lower court file has been availed.
2 Whether the two miscellaneous criminal applications should be consolidated and which file should be the lead file.
3 Whether the matter should be certified as urgent and directions given for filing submissions.

Ratio Decidendi

The court found that the application for review could now proceed since the lower court file, previously unavailable due to technical challenges, had been availed. Given the existence of two related applications (E011/2023 and E019/2023) concerning the same subject matter, consolidation was necessary to avoid duplication and conflicting orders. The court exercised its discretion to consolidate the matters, designate a lead file, and certify the matter as urgent. Directions were issued for the expeditious filing and service of written submissions by both parties, with a mention date set for further directions. The court's orders were guided by the need for judicial efficiency, fairness,...

Court Disposition

Application for consolidation and directions granted; matter certified urgent.

Orders

Kibera High Court Misc. Criminal Application No. E011 of 2023 is consolidated with Kibera High Court Misc. Criminal Application No. E019 of 2023.
The lead file shall be Misc. Criminal Application No. E011 of 2023.

Full Case Text

Judgment text and source record

25 paragraphs

Sote & 3 others v Republic (Miscellaneous Criminal Application E019 of 2023) [2023] KEHC 26542 (KLR) (8 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26542 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E019 of 2023

DR Kavedza, J

December 8, 2023

Between

Paul Kivuli Sote

1st Applicant

Rawlings Innocent Odondi

2nd Applicant

Moses Liyai Ibwamga

3rd Applicant

Wesley Silivanus Anwanya

4th Applicant

and

Republic

Respondent

Ruling

1I have considered the application dated 8th December 2023 seeking a review of the orders issued by the court on 19th September 2023.

2. I note that the applicants filed a similar application dated 14th November 2023 in Kibera High Court Misc. Application No. E011 of 2023, which was certified as urgent on 15th November 2023 and fixed for mention for directions on 28th November 2023. However, on the said day, the lower court file was yet to be availed and the matter was adjourned to 5th December 2023. Again, the lower court file was still to be availed due to technical challenges. The matter was again deferred to 17th January 2024.

3. The applicant through their counsel have yet again filed this application and averred in paragraph 11 of the supporting affidavit that since the lower file has since been availed, and therefore their application for review should be heard.

4. I have gone through the application and the affidavit of the applicant make the following orders:1. Kibera High Court Misc. Criminal Application No. E011 of 2023 is consolidated with Kibera High Court Misc. Criminal Application no. E019 of 2023. The lead file shall be Misc. Criminal Application No. E011 of 2023. 2.The matter is certified urgent.3. The applicants are directed to file and serve written submissions on the application for review to the respondent before close of business today.4. Upon service, the respondent is directed to file and serve written submissions on or before 15th December 2023. 5.The matter shall be mentioned for directions on 20th December 2023. Orders accordingly.

RULING DATED AND DELIVERED THIS 8TH DAY OF DECEMBER 2023_______________D. KAVEDZAJUDGE

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