[2010] KEHC 1683 (KLR)
The court found that the applicant failed to attach the lower court proceedings, making it impossible to ascertain the charge faced or the prospects of success of the appeal. Additionally, the applicant did not provide evidence to support his claim of being a student. As a result, the application for bail pending...
Source-derived case information.
- Citation
- [2010] KEHC 1683 (KLR)
- Parties
- Appellant: Harrison Sinai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 224 of 2010
- Procedural Posture
- Civil Appeal / Ruling on Bail Pending Appeal and Leave to Appeal Out of Time
- Outcome
- Application for leave to file appeal out of time allowed; application for bail pending appeal rejected.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harrison Sinai
Appellant
Republic
Respondent
Procedural Posture
Civil Appeal / Ruling on Bail Pending Appeal and Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the applicant should be admitted to bail pending appeal.
Ratio Decidendi
The court found that the applicant failed to attach the lower court proceedings, making it impossible to ascertain the charge faced or the prospects of success of the appeal. Additionally, the applicant did not provide evidence to support his claim of being a student. As a result, the application for bail pending appeal was not supported by sufficient facts and was rejected. However, since the State did not oppose the application for leave to file an appeal out of time, and there was no reason to deny it, the court granted leave to file the appeal out of time and directed that the appeal be admitted and served upon the State.
Court Disposition
Application for leave to file appeal out of time allowed; application for bail pending appeal rejected.
Orders
- Leave to file appeal out of time is granted.
- Application for bail pending appeal is rejected.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MOMBASA
Civil Appeal 224 of 2010
HARRISON SINAI ……………………………. APPELLANT
VERSUS
REPUBLIC …………………………………….. RESPONDENT
***********************
RULING
The Applicant herein HARRISON SINAI filed this present application seeking to be admitted to bail pending appeal.He has also filed an earlier application for leave to file appeal out of time.With respect to this latter application there being no opposition by the State the same is hereby allowed.The Applicant is hereby granted leave to file his appeal out of time.
With respect to the second application for bail pending appeal, the Applicant failed or omitted to attach the lower court proceedings.It is therefore impossible to establish exactly what charge the Applicant faced.Without these proceedings it is also not possible to establish whether this appeal does indeed have overwhelming chances of success.The Applicant claims that he is a student but he has not produced any evidence e.g. a letter of enrolment or school report to prove this fact.On the whole I do find that this present application for bail pending appeal has not been supported by sufficient facts to enable this court to consider the same.As such I do hereby reject the Applicant’s plea for bail pending appeal.
However in order to expedite the Applicant’s appeal I do hereby admit the same.The Registry are directed to serve the State with record of appeal.
Mention on29th June 2010.
Dated and Delivered atMombasathis 21st day of May 2010.
M. ODERO
JUDGE