[2012] KEHC 1334 (KLR)
The court found that the appellant's application under Section 358 of the Criminal Procedure Rules was not merited. The judge exercised judicial discretion to reject the application, indicating that reasons for the decision would be provided at the time of judgment on the substantive appeal. The ruling directs that...
Source-derived case information.
- Citation
- [2012] KEHC 1334 (KLR)
- Parties
- Appellant: Kabibi Kalume Katsui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 38 of 2011
- Procedural Posture
- Criminal Appeal / Ruling on Interlocutory Application Prior to Appeal Hearing
- Outcome
- application dismissed; appeal to proceed to hearing
- Judges
- CW Meoli
- Legal Topics
- Criminal Appeal Procedure, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kabibi Kalume Katsui
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Interlocutory Application Prior to Appeal Hearing
Legal Issues
- 1 Whether the appellant's application under Section 358 of the Criminal Procedure Rules should be granted pending the hearing of the appeal.
Ratio Decidendi
The court found that the appellant's application under Section 358 of the Criminal Procedure Rules was not merited. The judge exercised judicial discretion to reject the application, indicating that reasons for the decision would be provided at the time of judgment on the substantive appeal. The ruling directs that the appeal should proceed to hearing, and no interlocutory relief is granted at this stage.
Court Disposition
application dismissed; appeal to proceed to hearing
Orders
- The appellant's application under Section 358 of the Criminal Procedure Rules is rejected.
- The appeal shall proceed to hearing.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Malindi
Criminal Appeal 38 of 2011 [if gte mso 9]><xml>
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KABIBI KALUME KATSUI.....….......................…………APPELLANT
VERSUS
REPUBLIC………………………………...……………RESPONDENT
(From original conviction and sentence in criminal case no. 1030 of 2009 of the Chief Magistrate’s Court at Kilifi before Hon. D. W. Nyambu - PM)
R U L I N G
1. Having considered the appellant's application under Section 358 of the Criminal Procedure Rules I am not persuaded that te same is merited. I do therefore reject the application and direct that the appeal proceeds to hearing. Reasons for my decision will be given at the time of judgment on the appeal.
Delivered and signed in open court this 19th day of October, 2012 in the presence of the accused, Mr. Ogeto holding brief for Mr. Mouko for the appellant.
C. W. Meoli
JUDGE
COURT – Appeal for hearing on 14th November, 2012.
C. W. Meoli
JUDGE