[1997] KECA 277 (KLR)
The Court of Appeal held that the application for bail pending appeal was procedurally improper because the applicant had not first sought such bail from the High Court, as required by section 361(b) of the Criminal Procedure Code and rule 41 of the Court of Appeal Rules. Furthermore, even if the application were...
Source-derived case information.
- Citation
- [1997] KECA 277 (KLR)
- Parties
- Applicant: Charles Wanjau Karimi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 8 of 1997
- Procedural Posture
- Criminal Application / Application for Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Stealing by Person Employed in Public Service, Fraudulent False Accounting, Criminal Procedure, Conviction and Sentence, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Wanjau Karimi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal to the Court of Appeal.
- 2 Whether the application is properly before the Court of Appeal in light of procedural requirements.
- 3 Whether the intended appeal has overwhelming chances of success.
Ratio Decidendi
The Court of Appeal held that the application for bail pending appeal was procedurally improper because the applicant had not first sought such bail from the High Court, as required by section 361(b) of the Criminal Procedure Code and rule 41 of the Court of Appeal Rules. Furthermore, even if the application were properly before the court, the intended appeal did not demonstrate overwhelming chances of success. Consequently, the application was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA JJ.A. & BOSIRE AG. J.A.) CRIMINAL APPLICATION NO. NAI 8 OF 1997 (NYR 5/97)
BETWEEN
CHARLES WANJAU KARIMI.....................................APPLICANT AND REPUBLIC.................................................RESPONDENT
(Appeal from a conviction and judgment of the High Court of Kenya at Nyeri (Mr. Justice J.L.A. Osiemo) dated 24th September, 1996
in H.C.CR. APPEAL NO. 226 OF 1995) ************
RULING OF THE COURT
The applicant was convicted after a trial of seven counts of stealing by a person employed in the public service, contrary to s.280 of the Penal Code and a further count of fraudulent false accounting contrary to s.330(a) of the penal Code. His first appeal to the superior court against both conviction and sentence was dismissed. Thereafter the applicant did not make any application to the same court for bail pending appeal to this court as he should properly have done in view of the provisions of s.361 (b) of the Criminal Procedure Code as read with rule 41 of the Rules of this court. That being so, this application does not lie.
Moreover, on the merits the applicant's intended appeal does not appear to us to have overwhelming chances of success.
In the circumstances we find that it has no merit and is accordingly ordered dismissed.
Dated at Nairobi this 21st day of April, 1997.
R.S.C. OMOLO
................
JUDGE OF APPEAL
A. A. LAKHA
................
JUDGE OF APPEAL
S.E.O. BOSIRE
...................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
................
DEPUTY REGISTRAR