[2023] KEHC 20816 (KLR)
The court found that the application demonstrated sufficient urgency to warrant intervention. The interests of justice required that the matter be mentioned earlier than the originally scheduled date. Accordingly, the court exercised its discretion to certify the matter as urgent and to vacate the mention date of...
Source-derived case information.
- Citation
- [2023] KEHC 20816 (KLR)
- Parties
- Appellant: Chen Xianzhong; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E183 of 2023
- Procedural Posture
- Criminal Appeal / Interlocutory Application for Earlier Mention Date
- Outcome
- Application allowed. Mention date brought forward.
- Judges
- DR Kavedza
- Legal Topics
- Mention Date Variation, Urgent Application, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chen Xianzhong
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Application for Earlier Mention Date
Legal Issues
- 1 Whether the application for an earlier mention date should be certified as urgent.
- 2 Whether the scheduled mention date should be brought forward to an earlier date.
Ratio Decidendi
The court found that the application demonstrated sufficient urgency to warrant intervention. The interests of justice required that the matter be mentioned earlier than the originally scheduled date. Accordingly, the court exercised its discretion to certify the matter as urgent and to vacate the mention date of November 2, 2023, substituting it with October 17, 2023, for directions.
Court Disposition
Application allowed. Mention date brought forward.
Orders
- The matter is certified urgent.
- The mention date of November 2, 2023 is vacated and substituted with October 17, 2023 for directions.
Full Case Text
Judgment text and source record
17 paragraphs
Xianzhong v Republic (Criminal Appeal E183 of 2023) [2023] KEHC 20816 (KLR) (Crim) (25 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20816 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal E183 of 2023
DR Kavedza, J
July 25, 2023
Between
Chen Xianzhong
Appellant
and
Republic
Respondent
Ruling
1. I have gone through the Notice of Motion application dated July 24, 2023 filed under certificate of urgency and the supporting affidavit of Mwiti Kaburu, the appellant’s Advocate, seeking an earlier mention date for the application dated June 15, 2023, which is slated for November 2, 2023, and order as follows:1. That the matter is certified urgent.2. That the set mention date of November 2, 2023 is hereby vacated and substituted with a mention date of October 17, 2023 for directions.It is so ordered.
RULING DATED DELIVERED IN ABSENCE OF PARTIES THIS 25TH DAY OF JULY 2023. __________________D. KAVEDZAJUDGE