[2012] KEHC 1336 (KLR)
The court found that the appellant's application under Section 358 of the Criminal Procedure Rules lacked merit. The judge was not persuaded by the arguments presented and determined that there were insufficient grounds to grant the relief sought at this interlocutory stage. Consequently, the application was...
Source-derived case information.
- Citation
- [2012] KEHC 1336 (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 Appeals, Interlocutory Applications, Criminal Procedure
- 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.
Ratio Decidendi
The court found that the appellant's application under Section 358 of the Criminal Procedure Rules lacked merit. The judge was not persuaded by the arguments presented and determined that there were insufficient grounds to grant the relief sought at this interlocutory stage. Consequently, the application was rejected, and the court directed that the substantive appeal should proceed to hearing. The reasons for this decision were reserved to be given at the time of judgment on the appeal.
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 on 14th November, 2012.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Malindi
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(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)
KABIBI KALUME KATSUI.....................................................................................APPELLANT
VERSUS
REPUBLIC..........................................................................................................RESPONDENT
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