[2023] KEHC 707 (KLR)
The court found that the appellant's application for bail pending appeal was not meritorious. The appeal had already been admitted for hearing, and there was no indication of inordinate delay in its determination. Therefore, there was no basis for granting bail pending appeal. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2023] KEHC 707 (KLR)
- Parties
- Appellant: Peter Machaira Kamami; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E049 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal declined
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Appeal, False Pretences, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Machaira Kamami
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the appeal has high chances of success warranting bail.
Ratio Decidendi
The court found that the appellant's application for bail pending appeal was not meritorious. The appeal had already been admitted for hearing, and there was no indication of inordinate delay in its determination. Therefore, there was no basis for granting bail pending appeal. The court exercised its discretion to decline the application, emphasizing that the appeal would be heard and determined expeditiously.
Court Disposition
application for bail pending appeal declined
Orders
- The application dated September 1, 2022 is declined.
- The appeal shall be fixed for hearing.
Full Case Text
Judgment text and source record
18 paragraphs
Kamami v Republic (Criminal Appeal E049 of 2022) [2023] KEHC 707 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEHC 707 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Appeal E049 of 2022
MM Kasango, J
February 9, 2023
Between
Peter Machaira Kamami
Appellant
and
Republic
Respondent
Ruling
1. By Notice of Motion application dated September 1, 2022, Peter Macharia Kamami seeks for bail pending appeal. He based the application on the grounds that he filed this appeal against a conviction and sentence of the offence of obtaining money by false pretences contrary to section 313 of the Penal Code and that the said appeal has high chances of success.
2. The appeal has been admitted for hearing and accordingly, the appeal shall be heard and determined without inordinate delay. In my view, the appellant’s application is not meritorious but, in any case, since this appeal was admitted for hearing, there is now no basis of granting bail pending appeal.
Conclusion 3. In conclusion, I order that this appeal be fixed for hearing. The application dated September 1, 2022 is declined.
RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF FEBRUARY, 2023. MARY KASANGOJUDGEIn the presence of:-Coram:Court assistant : Mourice/JuliaPeter Macharia Kamami for the applicant/appellant:- presentInstructed by DPP for respondent:- Mr GachariaRuling delivered virtually.MARY KASANGOJUDGE