Muthenya v Republic [2024] KEHC 16053 (KLR)

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

Neutral citation: [2024] KEHC 16053 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Appeal E034 of 2024

DR Kavedza, J

December 19, 2024

Between

Rehoboam Mwongela Muthenya

Applicant

and

Republic

Respondent

Ruling

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 19THDAY OF DECEMBER 2024D. KAVEDZAJUDGE