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High CourtPartially Allowed

Unnamed Applicant v Respondent (Application to be Heard During Recess and Setting Aside of Orders of Hon. T.W. Cherere)

High Court of Kenya
3 September 2020
RAR.E. Aburili
109 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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You can apply to the duty judge to be heard during a court recess, but the court may still defer the final decision.

What this practically means

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Executive summary

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This is a short recess-duty ruling delivered by R.E. Aburili, Recess Duty Judge, at Siaya on 3 September 2020. The applicant sought leave to be heard during the court recess, and also had a main application seeking the setting aside of orders made by Hon. T.W. Cherere on 12 August 2020. The judge granted leave for the applicant to be heard during the recess. On the main application, the court did not determine it on the merits; instead, it certified the application as urgent, directed the applicant to serve the Respondent, and fixed an inter partes mention before the duty Judge at Kisumu High Court for directions on 9 September 2020. The court further ordered that the matter be returned to the Kisumu High Court for conclusion. No costs order was made and no authorities or statutes were cited. The ruling is procedural in nature: it preserves the applicant's access to the court during the recess while ensuring the Respondent is served and heard before any substantive directions are given on the application to set aside Hon. T.W. Cherere's orders. The substantive dispute remains pending before the Kisumu High Court.

Key legal issues

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01

Leave to be heard during the recess

Holding

Leave was granted to the applicant to be heard during the recess.

Reasoning

The recess duty judge considered the applicant's application and, in the exercise of discretion, allowed the applicant to be heard during the recess rather than waiting for the resumption of normal court sessions.

p. 2
02

Certification of urgency and directions on the main application

Holding

The application seeking setting aside of the orders of Hon. T.W. Cherere made on 12.8.2020 was certified urgent and referred for inter partes directions at Kisumu High Court.

Reasoning

The court observed that the main application sought setting aside of orders made by Hon. T.W. Cherere on 12.8.2020. Rather than determining it ex parte, the judge certified it urgent, directed service on the Respondent, and fixed an inter partes mention before the duty Judge at Kisumu for directions, returning the matter to Kisumu High Court for conclusion.

p. 2

Legal principles established

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  • A party may be granted leave to be heard during the court recess upon application to the recess duty judge.

Court orders

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  1. 1.Leave granted to the applicant to be heard during the recess
  2. 2.The application certified as urgent
  3. 3.Applicant directed to serve the Respondent for inter partes mention before the duty Judge at Kisumu High Court for directions on 9.9.2020
  4. 4.Matter returned to Kisumu High Court for conclusion
Jurisdiction invoked
Inherent jurisdiction of the High Court to grant leave for hearings during the court recess and to certify urgency; not expressly stated in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Unnamed Applicant v Respondent (Application to be Heard During Recess and Setting Aside of Orders of Hon. T.W. Cherere)", Case Analysis (2020). . Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.