[2012] KEHC 5937 (KLR)

[2012] KEHC 5937 (KLR)

The court found that there were no exceptional or unusual circumstances to justify granting bail pending appeal. It further held that, having already dismissed the first appeal, the High Court was functus officio and lacked jurisdiction to entertain the application for bail pending the second appeal. The court also noted that the appeal had not been admitted to the Court of Appeal, and thus there was no basis for granting bail. Consequently, the application for bail pending appeal was dismissed.

Citation
[2012] KEHC 5937 (KLR)
Parties
Applicant: David Masese Mogaka; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
1 October 2012
Case Number
Miscellaneous Application 132 of 2012
Procedural Posture
Miscellaneous Application / Ruling on Bail Pending Second Appeal
Outcome
application dismissed
Judges
LA Achode
Legal Topics
Bail Pending Appeal, Jurisdiction of High Court, Exceptional Circumstances for Bail
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Jurisdiction of High Court Exceptional Circumstances for Bail

Case Brief

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Parties

David Masese Mogaka

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Bail Pending Second Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending the determination of his second appeal.
  2. 2 Whether the High Court has jurisdiction to grant bail after rendering its verdict on the first appeal.
  3. 3 Whether exceptional or unusual circumstances exist to justify granting bail pending appeal.

Ratio Decidendi

The court found that there were no exceptional or unusual circumstances to justify granting bail pending appeal. It further held that, having already dismissed the first appeal, the High Court was functus officio and lacked jurisdiction to entertain the application for bail pending the second appeal. The court also noted that the appeal had not been admitted to the Court of Appeal, and thus there was no basis for granting bail. Consequently, the application for bail pending appeal was dismissed.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.