[2017] KEHC 8474 (KLR)
The court found that, considering the circumstances leading to the trial court’s orders of 20.09.2016, it would not be prudent to grant the application for stay and bail pending appeal. The application was therefore dismissed. The court further directed the appellant’s counsel to expedite the appeal to avoid the...
Source-derived case information.
- Citation
- [2017] KEHC 8474 (KLR)
- Parties
- Appellant: Aineya Karanja Olwenya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 86 of 2016
- Procedural Posture
- Criminal Appeal / Ruling on Application for Stay of Orders and Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- AT Sitati
- Legal Topics
- Bail Pending Appeal, Stay of Execution, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aineya Karanja Olwenya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Stay of Orders and Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to stay of the trial court's orders pending appeal.
- 2 Whether the appellant should be granted bail pending appeal.
Ratio Decidendi
The court found that, considering the circumstances leading to the trial court’s orders of 20.09.2016, it would not be prudent to grant the application for stay and bail pending appeal. The application was therefore dismissed. The court further directed the appellant’s counsel to expedite the appeal to avoid the appellant serving the full sentence before the appeal is heard and determined.
Court Disposition
application dismissed
Orders
- The application for stay of orders and bail pending appeal is dismissed.
- Counsel for the appellant is directed to pursue the appeal expeditiously.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL DIVISION
CRIMINAL APPEAL NO. 86 OF 2016
BETWEEN
AINEYA KARANJA OLWENYA….APPELLANT
AND
REPUBLIC ……………………….RESPONDENT
(Being an appeal from the Judgment of Hon Jacinta A. Owiti P.M delivered on 31. 03. 2016 in Vihiga Court Criminal Case No. 359 of 2015)
R U L I N G
1. The appellant/applicant filed the notice of motion dated 04. 10. 2016 by which the applicant seeks to have the orders made by the Principal Magistrate court at Vihiga on 20. 09. 2016 stayed. The applicant also prays for grant of bail pending appeal. The application is supported by grounds on its face and also by an affidavit sworn by Maobe Winnie Mukhwana on the same date.
2. On 16. 02. 2017, when the application came up for hearing, prosecution counsel did not raise an objection to the same.
3. I have considered the application and the circumstances leading to the trial court’s orders of 20. 09. 2016. In light of those circumstances, I do not think that it would be prudent for the application to be granted. The application is accordingly dismissed.
4. So that his matter moves forward without further delay, I direct counsel for the appellant to pursue the appeal to ensure that the appellant does not serve full sentence before the appeal is heard and determined.
Orders accordingly.
Ruling delivered, delivered, dated and signed in open court here at Kakamega this 28th day of February,2017
RUTH N. SITATI
JUDGE
In the presence of;-
Miss Mukhwana (present)……….………………..for Appellant/Applicant
Mr. Ng’etich (present)…………………………………..….for Respondent
Mr. Polycap………………………………………..….……Court Assistant.