[2018] KEHC 4330 (KLR)
The court found that, since interim orders were lapsing and there was an issue with notice to some parties, it was just to extend the interim orders for a further 14 days and direct the applicant to serve the respondents with a hearing notice for the interpartes hearing. This ensures all parties have adequate notice...
Source-derived case information.
- Citation
- [2018] KEHC 4330 (KLR)
- Parties
- Applicant: Timothy Maunda Mbiti; Respondent: The Regional Commissioner-Nyanza & Others
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 33 of 2018
- Procedural Posture
- Criminal Miscellaneous Application / Interim Orders; Directions for Interpartes Hearing
- Outcome
- Interim orders extended; directions for service and interpartes hearing issued.
- Judges
- RE Aburili
- Legal Topics
- Interim Orders, Service of Notice, Interpartes Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Maunda Mbiti
Applicant
The Regional Commissioner-Nyanza & Others
Respondent
Procedural Posture
Criminal Miscellaneous Application / Interim Orders; Directions for Interpartes Hearing
Legal Issues
- 1 Whether interim orders should be extended pending interpartes hearing.
- 2 Whether proper notice was served on all parties for the scheduled hearing.
Ratio Decidendi
The court found that, since interim orders were lapsing and there was an issue with notice to some parties, it was just to extend the interim orders for a further 14 days and direct the applicant to serve the respondents with a hearing notice for the interpartes hearing. This ensures all parties have adequate notice and the status quo is maintained until the matter can be properly heard.
Court Disposition
Interim orders extended; directions for service and interpartes hearing issued.
Orders
- The applicant shall serve the respondents with a hearing notice for interpartes hearing on 11.9.2018 before Hon. F.A. Ochieng, Presiding Judge, Kisumu High Court.
- The interim orders subsisting as given on 23.8.2018 at Mombasa by Hon. Fred Ochieng – J. are extended for a further 14 days until 11.9.2018.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
CRIMINAL MISC. APPL. NO. 33 OF 2018
(CORAM: R. E. ABURILI – J)
TIMOTHY MAUNDA MBITI.............................APPLICANT
VERSUS
THE REGIONAL
COMMISSIONER-NYANZA & OTHERS.....RESPONDENT
(KISUMU FILE NO. 33 OF 2018 FORWARDED FOR HEARING
BY D.R. KISUMU BEFORE VACATION DUTY COURT - SIAYA)
RULING:
I note that this is a Kisumu matter and the same was scheduled for interpartes hearing today but some parties received Notice under protest.
In the premises, and as there are interim orders on record which are lapsing today, I direct that the Applicant serves the Respondents with a Hearing Notice for interpartes hearing on 11. 9.2018 before Hon. F.A. Ochieng Presiding Judge, Kisumu High Court.
The interim orders which are subsisting as given on 23. 8.2018 at Mombasa by Hon. Fred Ochieng – J., are hereby extended for a further 14 days until 11. 9.2018.
Orders accordingly.
Delivered, Dated and Signed this 28th day of August, 2018.
R. E. ABURILI
JUDGE