[2023] KEHC 18885 (KLR)
The court found that the application was urgent and that a stay of execution was necessary to preserve the seized goods, which are the subject matter of the appeal. Granting the stay ensures that the appeal is not rendered nugatory by the destruction of the goods before the appeal is heard and determined. The court...
Source-derived case information.
- Citation
- [2023] KEHC 18885 (KLR)
- Parties
- Applicant: Chen Xiangzhong; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E177 of 2023
- Procedural Posture
- Criminal Appeal / Interlocutory Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution granted on an interim basis, with directions for service and response.
- Judges
- DR Kavedza
- Legal Topics
- Stay of Execution, Bail and Bond, Seizure of Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chen Xiangzhong
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution against the destruction of seized goods pending the hearing of the appeal.
- 2 Whether the application meets the threshold for urgency and interim relief under the Criminal Procedure Code and Constitution.
Ratio Decidendi
The court found that the application was urgent and that a stay of execution was necessary to preserve the seized goods, which are the subject matter of the appeal. Granting the stay ensures that the appeal is not rendered nugatory by the destruction of the goods before the appeal is heard and determined. The court exercised its discretion under section 356(1) of the Criminal Procedure Code and relevant constitutional provisions to grant interim relief, pending inter partes hearing of the application. The court also set timelines for service and response to ensure due process.
Court Disposition
Application for stay of execution granted on an interim basis, with directions for service and response.
Orders
- The application is certified urgent.
- An order of stay of execution is granted against the destruction of the seized goods in Milimani Chief Magistrate’s Court Criminal case no. 1159 of 2019 Republic vs Chen Xiangzhong.
Full Case Text
Judgment text and source record
18 paragraphs
Xiangzhong v Republic (Criminal Appeal E177 of 2023) [2023] KEHC 18885 (KLR) (16 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18885 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal Appeal E177 of 2023
DR Kavedza, J
June 16, 2023
Between
Chen Xiangzhong
Applicant
and
Republic
Respondent
Ruling
1For determination is a notice of motion dated June 2, 2023 which is brought pursuant to section 356 (1) of the Criminal Procedure Code, articles 48, 49 and 50 of the Constitution of Kenya and the Bail and Bond policy guidelines of the judiciary.
2. The application is premised on the grounds on the face thereof and supported by an affidavit dated June 2, 2023 sworn by the applicant.
3Having considered the application, the supporting affidavit and the applicable law, I make the following orders:1. The application is certified urgent.2. An order of stay of execution is hereby granted against the destruction of the seized goods in respect to Milimani Chief Magistrate’s Court Criminal case no. 1159 of 2019 Republic vs Chen Xiangzhong.3. The appellant is directed to serve the respondent with the application and this ruling on or before June 27, 2023. 4.Upon service, the respondent is directed to file a response to the application on or before July 11, 2023. 5.That the matter shall be mentioned on July 12, 2023.
RULING DATED AND DELIVERED AT NAIROBI THIS 16THDAY OF JUNE 2023. _________________D. KAVEDZAJUDGE