[2002] KEHC 343 (KLR)
The court found no necessity to make findings on the arguments at this stage and determined that the applicant's appeal had already been admitted to hearing and would be heard expeditiously by two judges. The court declined to grant bail pending appeal, emphasizing that it would not pre-empt the decision of the...
Source-derived case information.
- Citation
- [2002] KEHC 343 (KLR)
- Parties
- Applicant: John Kingara Njuguna; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 80 of 2002
- Procedural Posture
- Criminal Application / Application for Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Robbery With Violence, Sentencing, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kingara Njuguna
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing of his appeal against conviction and sentence for robbery with violence.
Ratio Decidendi
The court found no necessity to make findings on the arguments at this stage and determined that the applicant's appeal had already been admitted to hearing and would be heard expeditiously by two judges. The court declined to grant bail pending appeal, emphasizing that it would not pre-empt the decision of the appellate court by making findings or granting bail at this stage. The application for bail pending appeal was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
- The applicant's appeal shall be listed for hearing as soon as the call over may be prepared.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICRIMINAL APPLICATION NO. 80 OF 2002OHN KINGARA NJUGUNA……………………………….APPLICANT VERSUS REPUBLIC…………………………………………………..RESPONDENT R U L I N G
The applicant was convicted of the offence of robbery with violence c/s 296(2) and sentenced to the mandatory sentence of death. He has filed an appeal against both the conviction and sentence.
There is before me an application by way of Chamber Summons for the applicant to be released on bail pending the hearing of the appeal.
I have listened to arguments by both sides. I do not deem it necessary to make any findings thereon at this state.
The appeal filed by the applicant has been admitted to hearing. It will be heard by two Judges. Instead of appearing to suggest to the court going to hear the appeal what the outcome should be, the applicant’s appeal shall be listed for hearing as soon as the call over may be prepared.
For now this application is dismissed.
Order accordingly.
Dated and delivered at Nairobi this 21st day of February, 2002. A. MBOGHOLI MSAGHA JUDGE