REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL REVISION NO. E060 OF 2026 REPUBLIC ………...APPLICANT .......……………………………………………………. VERSUS SABRIN ABRIKADIR MOHAMED Alias ANZAL OMAR MOHAMED ......................................................RESPONDENT RULING The prosecution Counsel began to prosecute its application for Revision but it turned out that he held documents that we wished to refer the court to from the bar. The court quickly pointed out to the applicants Counsel that the matter of an individual’s liberty under Article 29 of the constitution is so important for the court to allow evidence from the bar which seeks to limit the liberty of the Respondent. Counsel then applied for leave to file an affidavit to have the documents on record before the matter could proceed. Counsel sought for (2) two hours’ indulgence which was objected to by the Respondents Counsel citing the reason that the prosecution has all along had the documents and ought to have filed the same in good time before this hearing. The court has considered the request by Counsel for the applicant and the objection thereto. The issue at hand is so important for the court to simply cut through the motions of a hearing without giving each of the parties a fair opportunity to prosecute their case. Article 29 of the constitution guarantees every individual their freedom and that freedom should not be limited arbitrarily. The Court must do so only in the clearest of cases. The prosecutor was still on its feet prosecuting their case on the application for leave was therefore timeously made. The question that HIGH COURT CRIMINAL REVISION NO. E060 OF 2026 1
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the court has to deal with is balance of the right to a fair hearing of the parties and the issue of technicalities on a matter of a weighty constitutional nature. I am inclined to grant the two bars sought by the applicant and since the hours of business of this court run up to 5.00pm the parties shall return in the course of the day be heard in the spirit of Article 25,50 and 159 of the constitution. The applicant shall ensure that the intended affidavit is filed and served before 1.15pm today and the respondent shall be at liberty to put any response thereto by 2.15pm. Hearing of the application shall proceed at 2.30pm It is so ordered. RULING READ and DELIVERED in open court this 30th day of June, 2026. ____________________________ A. M. MUTETI JUDGE In the Presence of: Mukwana for Applicant Mogere for State Habiba - Court Assistant HIGH COURT CRIMINAL REVISION NO. E060 OF 2026 2
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