[2023] KEHC 25630 (KLR)
The court declined to certify the application as urgent and did not make a substantive determination on the bail application. Instead, it directed that the lower court file and certified proceedings be availed to the High Court, ordered service of the application and court order upon the respondent within three...
Source-derived case information.
- Citation
- [2023] KEHC 25630 (KLR)
- Parties
- Applicant: Jackline Obutu Maganya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 173 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal Application
- Outcome
- Application for bail pending appeal not certified as urgent; directions issued for service and response.
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Bond Terms, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Obutu Maganya
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal Application
Legal Issues
- 1 Whether the applicant should be admitted to reasonable bail or bond terms pending the hearing and determination of the appeal.
- 2 Whether the matter is urgent and warrants certification as such.
Ratio Decidendi
The court declined to certify the application as urgent and did not make a substantive determination on the bail application. Instead, it directed that the lower court file and certified proceedings be availed to the High Court, ordered service of the application and court order upon the respondent within three days, and required the respondent to file a response within seven days. The matter was set for mention for directions. The court's reasoning was grounded in procedural fairness and the need for all parties to be heard before a decision on bail pending appeal is made.
Court Disposition
Application for bail pending appeal not certified as urgent; directions issued for service and response.
Orders
- The matter is not certified urgent.
- The lower court file and certified copy of proceedings to be submitted to the High Court at the earliest opportunity.
Full Case Text
Judgment text and source record
17 paragraphs
Maganya v Republic (Criminal Appeal 173 of 2023) [2023] KEHC 25630 (KLR) (22 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25630 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 173 of 2023
DR Kavedza, J
November 22, 2023
Between
Jackline Obutu Maganya
Applicant
and
Republic
Respondent
Ruling
1. Having gone through the Notice of Motion application dated 10th November 2023 filed under certificate of urgency and the supporting affidavit of the applicant, Jackline Obutu Maganya, of even date seeking for orders to be admitted to reasonable bail or bond terms pending the hearing and determination of the appeal, I accordingly order as follows:1. The matter is not certified urgent.2. The lower court file and the certified copy of the proceedings be submitted to the High Court at the earliest opportunity.3. The application and order of this court be served upon the respondent within 3 days from the date hereof.4. Upon service, the respondent to file a response within 7 days.5. This matter shall be mentioned on 5/12/2023 for directions.
2. Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY IN THE ABSENCE OF PARTIES THIS 22ND DAY OF NOVEMBER 2023. D. KAVEDZAJUDGE