[2023] KEHC 19210 (KLR)
The court found that the application met the threshold for urgency and accordingly certified it as urgent. The court further exercised its discretion to direct the applicant to serve the respondent within a specified period and set the matter for mention before another judge for reallocation or further directions....
Source-derived case information.
- Citation
- [2023] KEHC 19210 (KLR)
- Parties
- Appellant: Richard Ngethe Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2020
- Procedural Posture
- Criminal Case / Ruling on Interlocutory Application
- Outcome
- Application certified as urgent; directions issued for service and mention.
- Judges
- DR Kavedza
- Legal Topics
- Urgent Application, Mention for Directions, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Ngethe Wanjiru
Appellant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application by the appellant should be certified as urgent.
- 2 Whether directions should be issued for service and mention of the matter.
Ratio Decidendi
The court found that the application met the threshold for urgency and accordingly certified it as urgent. The court further exercised its discretion to direct the applicant to serve the respondent within a specified period and set the matter for mention before another judge for reallocation or further directions. These orders were made to ensure expeditious handling of the application and to facilitate the administration of justice.
Court Disposition
Application certified as urgent; directions issued for service and mention.
Orders
- The application is certified as urgent.
- The applicant to serve the respondent within 3 days and not later than July 3, 2023.
Full Case Text
Judgment text and source record
17 paragraphs
Wanjiru v Republic (Criminal Case 3 of 2020) [2023] KEHC 19210 (KLR) (Crim) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19210 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case 3 of 2020
DR Kavedza, J
June 29, 2023
Between
Richard Ngethe Wanjiru
Appellant
and
Republic
Defendant
Ruling
1. I have gone through the notice of motion application dated June 27, 2023filed under certificate of urgency and the supporting affidavit of the applicant Richard Ngethe Wanjiru of even date seeking orders, inter alia, that the court grants the applicant a hearing date. I accordingly issue the following orders:1. The application is certified as urgent.2. The applicant to serve the respondent within 3days and not later than July 3, 2023. 3.The applicant to be produced on the platform4. The matter shall be mentioned before Hon Justice Kimondo for reallocation and or directions on July 5, 2023.
RULING DATED AND DELIVERED THIS 29TH DAY OF JUNE 2023. .................................D. KAVEDZAJUDGE