[2012] KEHC 25 (KLR)
The court found that since the substantive appeal (H.C. Criminal Appeal No. 142 of 2011) arising from Tawa RM Cr. Case No. 133 of 2011 had already been dismissed by another judge, the application for bail pending appeal was rendered moot. There was no longer an appeal pending before the court, and therefore, the...
Source-derived case information.
- Citation
- [2012] KEHC 25 (KLR)
- Parties
- Appellant: Johnstone Ngemu Nzomo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 139 of 2011
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bail Pending Appeal
- Outcome
- application dismissed; appeal marked as overtaken by events; file closed
- Judges
- GMA Dulu
- Legal Topics
- Bail Pending Appeal, Appeal Dismissal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnstone Ngemu Nzomo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the application for bail pending appeal is sustainable after the substantive appeal has already been dismissed.
- 2 Whether the court should grant bail pending appeal when the appeal has been overtaken by events.
Ratio Decidendi
The court found that since the substantive appeal (H.C. Criminal Appeal No. 142 of 2011) arising from Tawa RM Cr. Case No. 133 of 2011 had already been dismissed by another judge, the application for bail pending appeal was rendered moot. There was no longer an appeal pending before the court, and therefore, the application for bail pending appeal served no purpose. The court accordingly dismissed the application and marked the present appeal as overtaken by events, ordering the file closed.
Court Disposition
application dismissed; appeal marked as overtaken by events; file closed
Orders
- The application for bail pending appeal is dismissed.
- Criminal Appeal No. 139 of 2011 is marked as overtaken by events.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Machakos
Criminal Appeal 139 of 2011 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
JOHNSTONE NGEMU NZOMO .….…………………………...… APPELLANT
VERSUS
REPUBLIC ……………………………………..………..………. RESPONDENT
R U L I N G
This application for bail pending appeal dated 12th October 2011 will have to be dismissed.
Two appeals were filed herein. This one in which the application for bail was filed, was brought by M/s Anne Kiusya & Company Advocate. Another appeal H.C.Criminal Appeal No. 142 of 2011,was filed by the appellant/applicant in person. Both appeals from proceedings in TawaRM Cr. Case No. 133 of 2011.
Criminal Appeal No. 142 of 2011 has already been decided by Makhandia J. who dismissed the same on 15th October 2012. This fact was unknown to me when the present application for bail pending appeal came up for hearing before me on 19th November 2012.
The appeal by the appellant from Tawa Criminal Case No. 133 of 2011 having been dismissed by Makhandia J. on 15/10/2011, the application herein for bail pending appeal serves no purpose. I dismiss the application, and also mark the appeal herein No. 139 of 2011 as overtaken by events. I order the file to be closed.
Dated and delivered at Machakos this 14thday of December2012.
George Dulu
Judge
In presence of:-
Mr Kituku holding brief for Mrs Wambua for Appellant/Applicant
N/A for State
Mutinda – Court clerk
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