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JudgmentNOAH WEKESA WALIKHE VS ODPP1 min read

NOAH WEKESA WALIKHE VS ODPP

High Court at Bungoma High Court · · M.S.Shariff

                                                                                          REPUBLIC OF KENYA

                                                               IN THE HIGH COURT OF KENYA AT BUNGOMA

                                                                              CRIMINAL APPEAL NO E022 OF 2025

NOAH WEKESA WALIKHE …………………………………………………………………………………… APPELLANT/APPLICANT

                                                                         VERSUS

REPUBLIC …………………………………………………………………………………………………………….. RESPONDENT.

                                                                                      RULING

  1. The appellant has moved this court vide a chamber summons dated 15th April 2025. The appellant’s counsel Imali Gwehona has issued a certificate of urgency of even date. The application is supported by an affidavit sworn by Ms Imali Gwehona on the same date.  and the enclosures attached thereto and I do not that the appellant was duly convicted by a court of competent jurisdiction and the exercise if his right of appeal must be viewed within that backdrop.
  2. The appellant has premised his application for consideration of his application under the vacation Rules on grounds that his is suffering from ill health and that he risks losing his employment due to his continued incarceration. I have considered the application herein, the affidavit in support thereof and the enclosures thereto and I do note that the appellant was duly convicted by a court of competent jurisdiction and the exercise if his right of appeal must be viewed within that backdrop.
  3. Upon taking into regard this reality vis a vis the grounds for the application I do hereby find that the applicant has made out a case for hearing of his substantive application dated 15th April 2025 during the Court’s Vacation. I thus make the following directions :-
  4. The applicant’s Notice of motion dated 15.4.2025  be served within 24 hours from the date hereof and a response be filed within 3 days from the date hereof.
  5. Inter partes hearing is scheduled on 23.4.2025

    Delivered, signed and dated at Mombasa this 15th day of April 2025

   MWANAISHA S SHARIFF

    JUDGE

    NOAH WEKESA WALIKHE VS ODPP NOAH WEKESA WALIKHE VS ODPP