[2013] KEHC 121 (KLR)
The court determined that it is more appropriate to have the appeal heard expeditiously rather than granting bond pending appeal. The application for bond pending appeal was therefore declined, and the court ordered that the matter proceed to appeal without granting the requested bond.
Source-derived case information.
- Citation
- [2013] KEHC 121 (KLR)
- Parties
- Applicant: Hamadi Omar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 123 of 2013
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal declined. Matter to proceed to appeal.
- Judges
- GO Shikwe
- Legal Topics
- Bond Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hamadi Omar
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bond pending the hearing and determination of the criminal appeal.
Ratio Decidendi
The court determined that it is more appropriate to have the appeal heard expeditiously rather than granting bond pending appeal. The application for bond pending appeal was therefore declined, and the court ordered that the matter proceed to appeal without granting the requested bond.
Court Disposition
Application for bond pending appeal declined. Matter to proceed to appeal.
Orders
- The application for bond pending appeal is declined.
- The matter shall proceed to appeal expeditiously.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 123 OF 2013
HAMADI OMAR …......…..................................................….. APPLICANT
VERSUS
REPUBLIC ……….……..................................................…RESPONDENT
RULING
This is an application for bond pending appeal. I find it more opportune to have the appeal heard expeditiously rather than in ad hoc measures. It is accordingly ordered that the matter to proceed to appeal.
Ruling delivered dated and signed this 1st day of November, 2013.
…...................
M. MUYA
JUDGE
1ST NOVEMBER, 2013
In the presence of:-
Learned Counsel for the applicant Mr. Omuya
Learned State Counsel Mr. Tanui
Court clerk Musundi