Ashok Labhshanker Doshi & 2 others v Director of Public Prosecution & 6 others
The bottom line
#The Court of Appeal reversed its own refusal and certified a stay application urgent, confirming that prompt filings can get a second chance.
What this practically means
#Executive summary
#Key legal issues
#Whether the motion warranted certification as urgent
Yes. The motion sought to stay criminal proceedings and preserve property whose disposal would prejudice the applicants, and it was filed promptly, only 12 days after the decision sought to be stayed.
The court re-examined the motion and found that continuation of criminal proceedings and possible development or disposal of the suit property would be prejudicial to the applicants. It further found the motion was filed only 12 days after the decision of 31st July 2024, correcting the earlier impression that it was hopelessly late. Merits of the motion were left to the court that would hear it.
Timeliness of the application
The motion was filed timeously, 12 days after the decision sought to be stayed.
The judge acknowledged that the initial refusal to certify rested on a mistaken impression of inordinate delay. On the facts, the decision sought to be stayed was made on 31st July 2024 and the motion was brought 12 days later, which the court characterized as prompt filing justifying certification.
Legal principles established
#- A judge who declined to certify a motion as urgent may, on a request for an inter partes hearing under Rule 49(5), revisit and set aside that certification decision where the initial impression was mistaken.
Court orders
#- 1.Set aside the order of 15th August 2024 declining to certify the notice of motion dated 12th August 2024 as urgent
- 2.Certified the motion as urgent
- 3.No order as to costs
- Jurisdiction invoked
- Rule 49(5) of the Court of Appeal Rules (review of a certification decision by the same judge)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ashok Labhshanker Doshi & 2 others v Director of Public Prosecution & 6 others", Case Analysis (2024). Notice of motion dated 12th August 2024 (arising from MCCC E257 of 2023, Republic v Ashok Labhshanker Doshi & 2 others). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1420/eng@2024-10-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.