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Muthenya v Republic (Criminal Appeal E034 of 2024) [2024] KEHC 16053 (KLR) (19 December 2024) (Ruling)

Muthenya v Republic (Criminal Appeal E034 of 2024) [2024] KEHC 16053 (KLR) (19 December 2024) (Ruling)
Citation
Muthenya v Republic [2024] KEHC 16053 (KLR)
Media Neutral Citation
[2024] KEHC 16053 (KLR)
Court
High Court
Court station
High Court at Kibera
Outcome
Allowed
Case number
Criminal Appeal E034 of 2024
Judges
DR Kavedza
Judgment date
19 December 2024
Language
English
Type
Judgment
Original source file
Download DOCX (13.9 KB)
Date published
22 December 2024
Case action
Ruling
Court division
Criminal
Filing county
Nairobi
Order
I. The order dated 28 October 2024 directing the closure of Appeal HCCRA E034/2024 is hereby set aside. II. Case file HCCRA E034/2024 is hereby reopened for hearing. III. Case file HCCRA/40/2024 is hereby closed.
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1.The appellant filed the present application dated 18th December 2024 seeking orders concerning the reopening of Criminal Appeal No.E034 of 2024 and closure of HCCRA/40/2024.The application is supported by an affidavit sworn by the advocate of the Appellant of similar dates the 18th of December 2024.
2.I have considered the application, the supporting affidavit and the applicable law. I have noted that the Respondent will not be prejudiced if the orders sought are granted as they are yet to file a response to the appeal and file written submissions.
3.In the premises I am inclined to allow the application as prayed in the following terms:I.The order dated 28 October 2024 directing the closure of Appeal HCCRA E034/2024 is hereby set aside.II.Case file HCCRA E034/2024 is hereby reopened for hearing.III.Case file HCCRA/40/2024 is hereby closed.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 19TH DAY OF DECEMBER 2024D. KAVEDZAJUDGE
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