[2021] KEHC 5913 (KLR)
The court determined that, in the interest of fairness and the right to be heard, the respondent should be afforded an opportunity to access the application and lower court proceedings before responding. Although the court has wide powers under section 364 of the Criminal Procedure Code to act on the lower court...
Source-derived case information.
- Citation
- [2021] KEHC 5913 (KLR)
- Parties
- Applicant: Zameer Kassim Mohamed; Applicant: Mahir Nakuru Automotives Limited; Respondent: Republic (DPP)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E306 of 2021
- Procedural Posture
- Criminal Revision / Interlocutory Ruling on Adjournment for Respondent's Response
- Outcome
- Application for revision of bond terms adjourned for respondent's response.
- Judges
- DO Ogembo
- Legal Topics
- Bond Revision, Right to Be Heard, Adjournment, Criminal Procedure Code Section 364
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zameer Kassim Mohamed
Applicant
Mahir Nakuru Automotives Limited
Applicant
Republic (DPP)
Respondent
Procedural Posture
Criminal Revision / Interlocutory Ruling on Adjournment for Respondent's Response
Legal Issues
- 1 Whether the respondent should be granted time to respond to the application for revision of bond terms.
- 2 Whether the principles of fair hearing require both parties to have access to relevant documents before determination.
Ratio Decidendi
The court determined that, in the interest of fairness and the right to be heard, the respondent should be afforded an opportunity to access the application and lower court proceedings before responding. Although the court has wide powers under section 364 of the Criminal Procedure Code to act on the lower court file, it is only just that the respondent's counsel is given at least one day to prepare a response, especially since the application was filed online and is accessible. The matter was therefore adjourned for one day to allow the respondent to respond.
Court Disposition
Application for revision of bond terms adjourned for respondent's response.
Orders
- Matter adjourned to 25.6.2021 at 9:00am for the respondent's response.
- Mention set for 25.6.2021.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL REVISION CASE NO. E306 OF 2021
ZAMEER KASSIM MOHAMED................................1ST APPLICANT
MAHIR NAKURU AUTOMOTIVES LIMITED......2ND APPLICANT
VERSUS
REPUBLIC..........................................................................................DPP
RULING
Court:
I have considered the submissions of both sides. This is an application for revision of terms of bond. Same has already been certified urgent. The applicant has gone ahead to plead its case. The respondent counsel, on the other hand has maintained that the need to respond to the same.
One tenet of the right to fail hearing is that each party be given the opportunity to be heard. Though the powers of the court under section 364 of the Criminal Procedure Code are such that the court may even just call for the lower court file and act on the same, it is only fair that counsel has access at least to the letter asking for revision and the proceedings of the lower court.
I have noted that even the lower court was able to set the terms of bail on the spot after plea. Since counsel has access to this application filed on line on the court’s portal, I am convinced that an adjournment of 1 day would be sufficient for counsel to access the same.
Having heard the submissions of the applicant, I adjourn this matter to tomorrow, 25. 6.2021 at 9:00am for the response, if any of the Respondent. Mention 25. 6.2021.
D. O. OGEMBO
JUDGE
24. 6.2021.