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 19TH DAY OF DECEMBER, 2024. D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16053/eng@2024-12-19 1
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