Okemere v Republic [2025] KEHC 10246 (KLR)

Okemere v Republic (Criminal Appeal E040 of 2025) [2025] KEHC 10246 (KLR) (17 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10246 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Appeal E040 of 2025

DR Kavedza, J

July 17, 2025

Between

Richard Juma Okemere

Applicant

and

Republic

Respondent

Ruling

1. The applicant filed the application dated 16th July 2025 seeking leave for the written submissions now on record to be deemed as properly filed. The grounds advanced are that the court had already issued a judgement date, and further, that directions had been given for the parties to file submissions. It is also urged that no prejudice would be occasioned to the respondent if the orders sought are granted.

2. I have considered the application, the supporting averments, and the applicable law. The record shows that the applicant lodged the petition of appeal on 18th March 2025. On 20th March 2025, this court issued directions, and the matter was fixed for mention on 20th May 2025. On that date, the parties were granted fourteen (14) days to file their written submissions. On both 17th June and 15th July 2025, the court noted that no submissions had been filed. Consequently, a judgement date was fixed for 30th July 2025.

3. The applicant has now filed written submissions and annexed the same to this application. I find no prejudice would be occasioned to the respondent if the submissions are admitted on record, particularly given that the judgement is yet to be written. In the circumstances, the applicant’s submissions are deemed to be properly filed. There is therefore no reason to have the application heard by way of written submissions are prayed.

4. For the avoidance of doubt, judgement shall be delivered on 30th July 2025. Any outstanding issues shall be addressed therein.

RULING DATED AND DELIVERED VIRTUALLY THIS 17THDAY OF JULY 2025D. KAVEDZAJUDGE