[2004] KEHC 2350 (KLR)
The court found that the applicant had not demonstrated that her appeal had overwhelming chances of success. As such, the threshold for granting bail pending appeal was not met, and the application was dismissed.
Source-derived case information.
- Citation
- [2004] KEHC 2350 (KLR)
- Parties
- Applicant: Elizabeth Wanyaga Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 15 of 2004
- Procedural Posture
- Criminal Appeal / Ruling on Notice of Motion for Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Prospects of Success, Notice of Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Wanyaga Kamau
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Notice of Motion for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated overwhelming chances of success in the appeal to warrant grant of bail pending appeal.
Ratio Decidendi
The court found that the applicant had not demonstrated that her appeal had overwhelming chances of success. As such, the threshold for granting bail pending appeal was not met, and the application was dismissed.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 16/2/2004 is dismissed.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL NO. 15 OF 2004 ELIZABETH WANYAGA KAMAU…………….APPLICANT VERSUS REPUBLIC…………………….……………….RESPONDENT 3/304 RULING:
From what has been brought to my attention during the hearing of this Notice of Motion dated 16/2/2004, it has not been shown that the appeal filed by the Applicant has an over whelming chances of success. I should not therefore allow this Notice of Motion and the same is hereby dismissed. Dated this 4th Day of March 10, 2004. J.M. KHAMONI JUDGE