[2004] KEHC 790 (KLR)
The court declined to grant the orders for consolidation of the appeals because the relevant appeal files were not before the court. The applicant was advised to make the application for consolidation before the judge who would hear the appeal. The application for bail pending appeal was withdrawn by the applicant...
Source-derived case information.
- Citation
- [2004] KEHC 790 (KLR)
- Parties
- Applicant: Joseph Mbinda Nthiwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 674 of 2004
- Procedural Posture
- Criminal Application / Ruling on Application for Bail Pending Appeal and Consolidation of Appeals
- Outcome
- Application for bail pending appeal withdrawn; application for consolidation of appeals declined without prejudice.
- Judges
- JL Osiemo
- Legal Topics
- Bail Pending Appeal, Consolidation of Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mbinda Nthiwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Bail Pending Appeal and Consolidation of Appeals
Legal Issues
- 1 Whether the applicant is entitled to bail pending the hearing of his appeal.
- 2 Whether the applicant's request for consolidation of appeals can be granted in the absence of the appeal files.
Ratio Decidendi
The court declined to grant the orders for consolidation of the appeals because the relevant appeal files were not before the court. The applicant was advised to make the application for consolidation before the judge who would hear the appeal. The application for bail pending appeal was withdrawn by the applicant as a hearing date had already been set.
Court Disposition
Application for bail pending appeal withdrawn; application for consolidation of appeals declined without prejudice.
Orders
- The application for bail pending appeal is marked as withdrawn.
- The application for consolidation of appeals is declined; applicant to make the application before the judge hearing the appeal.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL APPLICATION NO.674 OF 2004(In the matter of an intended appeal) BetweenJOSEPH MBINDA NTHIWA……………………….…….APPLICANTVERSUSREPUBLIC………………………………………………..RESPONDENTRULING
The applicant had filed this application seeking orders for bail pending the hearing of his appeal. But he applies to have the same withdrawn since he has been given a date for the hearing of his appeal. But further he applies for orders that his appeals No.95 of 2003, No.96 of 2003 and No. 97 of 2003 be consolidated. Since the said appeal files have not been availed to me, I am unable to grant the orders sought.
The applicant will make the application for consolidation before the Judge who will hear this appeal. It is so ordered.
Dated and delivered this 15th February, 2004.
J.L.A. OSIEMOJUDGE