[2018] KEHC 7785 (KLR)

[2018] KEHC 7785 (KLR)

The High Court held that it lacked jurisdiction to entertain the appellant's application for bail pending appeal because it was identical to a previous application that had already been determined. The court found that it was functus officio in respect of the issue, meaning it had already exercised its authority and...

Source-derived case information.

Citation
[2018] KEHC 7785 (KLR)
Parties
Appellant: Ann Wambui Gitonga a.k.a. Ann Wambui Maina; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
22 March 2018
Case Number
Criminal Appeal 20 of 2018
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Outcome
application dismissed
Judges
BC Koech
Legal Topics
Bail Pending Appeal, Functus Officio, Jurisdiction of High Court
Source Language
english
Criminal Law Bail Pending Appeal Functus Officio Jurisdiction of High Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ann Wambui Gitonga a.k.a. Ann Wambui Maina

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a second application for bail pending appeal based on the same grounds as a previous application.
  2. 2 Whether the principle of functus officio applies to the present application.

Ratio Decidendi

The High Court held that it lacked jurisdiction to entertain the appellant's application for bail pending appeal because it was identical to a previous application that had already been determined. The court found that it was functus officio in respect of the issue, meaning it had already exercised its authority and could not revisit the matter. The court further noted that the lower court proceedings had been typed and the appeal admitted, and directed the appellant to proceed with the appeal process rather than seeking repetitive interim relief.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.
  • The appellant is directed to proceed and have the requisite directions taken on the disposal of the appeal.