[2023] KEHC 18995 (KLR)
The court found that the application was merited based on the affidavit and annexures provided by the applicant. The urgency of the matter was certified, and the court issued directions for service of the application and orders on the respondent, with timelines for response. The matter was set for mention before...
Source-derived case information.
- Citation
- [2023] KEHC 18995 (KLR)
- Parties
- Applicant: Antony Kimani Wangare; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E024 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Urgent Application for Variation of Bond Cancellation and Transfer of Case
- Outcome
- Application certified urgent; interim orders granted for service and response; matter set for mention for directions.
- Judges
- DR Kavedza
- Legal Topics
- Bond Variation, Warrant Cancellation, Case Transfer, Sexual Offences Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Antony Kimani Wangare
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Urgent Application for Variation of Bond Cancellation and Transfer of Case
Legal Issues
- 1 Whether the warrant cancelling the applicant's bond should be varied or lifted.
- 2 Whether the applicant's bond should be reinstated on the earlier terms.
- 3 Whether the lower court file should be brought before the High Court as previously ordered.
Ratio Decidendi
The court found that the application was merited based on the affidavit and annexures provided by the applicant. The urgency of the matter was certified, and the court issued directions for service of the application and orders on the respondent, with timelines for response. The matter was set for mention before another judge for further directions and possible reallocation. The court did not make a final determination on the substantive prayers but granted interim procedural orders to ensure the matter proceeds expeditiously and fairly.
Court Disposition
Application certified urgent; interim orders granted for service and response; matter set for mention for directions.
Orders
- The application is certified urgent.
- The application and order of this court be served upon the respondent on or before 29/6/2023.
Full Case Text
Judgment text and source record
18 paragraphs
Wangare v Republic (Miscellaneous Criminal Application E024 of 2023) [2023] KEHC 18995 (KLR) (Crim) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18995 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E024 of 2023
DR Kavedza, J
June 26, 2023
Between
Antony Kimani Wangare
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the Notice of Motion application dated June 22, 2023 filed under certificate of urgency and the supporting affidavit of the applicant of even date. The applicant seeks orders, inter alia:1. That the Honourable Court be pleased to vary, lift the warrant cancelling the applicant’s bond on June 21, 2023 and do reinstate the same with the earlier bond terms forthwith.2. That this Honourable Court to issue an order that the Lower Court file from Makadara Chief Magistrates’ Court Sexual Offence case number 33 of 2022 be brought before the High Court in this case as ordered earlier by Justice Bwonwong’a the one dated January 30, 2023. 3.That this honourable court to issue an order that the matter be hereby transferred from Makadara Chief Magistrates Court to Milimani Chief Magistrates’ Court or any other court of similar jurisdiction.
2. Having gone through the affidavit of the applicant and the annexures thereof, I am satisfied that the application is merited and order as follows:a.That the application is certified urgent.b.That the application and order of this court be served upon the respondent on or before 29/6/2023. c.That the respondent to file a response upon service on or before 7/7/2023. d.That this matter be mentioned for directions before Hon. Justice Kimondo on 13/7/2023 for reallocation.Orders accordingly.
RULING DATED DELIVERED VIRTUALLY THIS 26TH DAY OF JUNE 2023. __________________D. KAVEDZAJUDGE