Sote & 3 others v Republic [2023] KEHC 26542 (KLR)

Sote & 3 others v Republic (Miscellaneous Criminal Application E019 of 2023) [2023] KEHC 26542 (KLR) (8 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26542 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E019 of 2023

DR Kavedza, J

December 8, 2023

Between

Paul Kivuli Sote

1st Applicant

Rawlings Innocent Odondi

2nd Applicant

Moses Liyai Ibwamga

3rd Applicant

Wesley Silivanus Anwanya

4th Applicant

and

Republic

Respondent

Ruling

1I have considered the application dated 8th December 2023 seeking a review of the orders issued by the court on 19th September 2023.

2. I note that the applicants filed a similar application dated 14th November 2023 in Kibera High Court Misc. Application No. E011 of 2023, which was certified as urgent on 15th November 2023 and fixed for mention for directions on 28th November 2023. However, on the said day, the lower court file was yet to be availed and the matter was adjourned to 5th December 2023. Again, the lower court file was still to be availed due to technical challenges. The matter was again deferred to 17th January 2024.

3. The applicant through their counsel have yet again filed this application and averred in paragraph 11 of the supporting affidavit that since the lower file has since been availed, and therefore their application for review should be heard.

4. I have gone through the application and the affidavit of the applicant make the following orders:1. Kibera High Court Misc. Criminal Application No. E011 of 2023 is consolidated with Kibera High Court Misc. Criminal Application no. E019 of 2023. The lead file shall be Misc. Criminal Application No. E011 of 2023. 2.The matter is certified urgent.3. The applicants are directed to file and serve written submissions on the application for review to the respondent before close of business today.4. Upon service, the respondent is directed to file and serve written submissions on or before 15th December 2023. 5.The matter shall be mentioned for directions on 20th December 2023. Orders accordingly.

RULING DATED AND DELIVERED THIS 8TH DAY OF DECEMBER 2023_______________D. KAVEDZAJUDGE