[2023] KEHC 19132 (KLR)
The court certified the application as urgent and issued directions for service and response, recognizing the applicant's right to seek bail pending appeal and the necessity for prompt procedural steps. The substantive question of bail was not determined at this stage; instead, the court focused on ensuring...
Source-derived case information.
- Citation
- [2023] KEHC 19132 (KLR)
- Parties
- Applicant: Major Joel Kenyakisa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E235 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Interlocutory Application for Bail Pending Appeal
- Outcome
- Application certified as urgent; directions issued for service, response, and mention. Substantive bail application not determined.
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Urgent Applications, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Major Joel Kenyakisa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be admitted to reasonable bail pending the hearing and determination of his appeal.
- 2 Whether the application should be certified as urgent and directions given for service and response.
Ratio Decidendi
The court certified the application as urgent and issued directions for service and response, recognizing the applicant's right to seek bail pending appeal and the necessity for prompt procedural steps. The substantive question of bail was not determined at this stage; instead, the court focused on ensuring procedural fairness and expeditious handling of the application by setting timelines for service, response, and mention for directions.
Court Disposition
Application certified as urgent; directions issued for service, response, and mention. Substantive bail application not determined.
Orders
- The matter is certified as urgent.
- The application and order of this court be served upon the respondent before close of business June 27, 2023.
Full Case Text
Judgment text and source record
17 paragraphs
Kenyakisa v Republic (Miscellaneous Criminal Application E235 of 2023) [2023] KEHC 19132 (KLR) (Crim) (27 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19132 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E235 of 2023
DR Kavedza, J
June 27, 2023
Between
Major Joel Kenyakisa
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the Notice of Motion application dated June 26, 2023 filed under certificate of urgency and the supporting affidavit of the applicant of even date seeking orders, inter alia, that the applicant be admitted to reasonable bail pending the hearing and determination of his appeal, and accordingly issue the following orders:1. That the matter is certified as urgent.2. That the application and order of this court be served upon the respondent before close of business today, June 27, 2023. 3.That upon service, the respondent to file a response on or before July 13, 2023. 4.That this matter be mentioned on July 20, 2023 for directions.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF JUNE 2023. ...........................D. KAVEDZAJUDGE