[1985] KECA 10 (KLR)
The Court of Appeal found that since the High Court had granted bail pending appeal on the ground that the appeal had overwhelming chances of success, but then summarily rejected the appeal, there was a risk that the applicants would be ordered to serve their sentences immediately upon their next court appearance....
Source-derived case information.
- Citation
- [1985] KECA 10 (KLR)
- Parties
- Appellant: Mang’ati; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 2 & 3 of 1985
- Procedural Posture
- Criminal Application / Ruling on Bail Pending Appeal
- Outcome
- Bail pending appeal granted on same terms as High Court.
- Legal Topics
- Bail Pending Appeal, Summary Rejection of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mang’ati
Appellant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicants should be granted bail pending appeal after the High Court summarily rejected their appeal.
- 2 What is the effect of the High Court granting bail pending appeal and then summarily rejecting the appeal.
Ratio Decidendi
The Court of Appeal found that since the High Court had granted bail pending appeal on the ground that the appeal had overwhelming chances of success, but then summarily rejected the appeal, there was a risk that the applicants would be ordered to serve their sentences immediately upon their next court appearance. To prevent this prejudicial outcome, the Court of Appeal granted bail pending appeal on the same terms as those set by the High Court. The court further noted that the applicants' first procedural step must be to appeal the summary rejection of their appeal by the High Court.
Court Disposition
Bail pending appeal granted on same terms as High Court.
Orders
- Bail pending appeal is granted to the applicants upon the same terms as those set by the High Court.
Full Case Text
Judgment text and source record
8 paragraphs
Mang’ati v Republic
Court of Appeal, at Nairobi March 8, 1985
Madan, Hancox & Nyarangi JJA
Criminal Applications Nos NAI 2 & 3 of 1985 (Consolidated)
(Appeal from the High Court at Nyeri, Patel J, Criminal Appeals Nos 386 and 387 of 1985)
Madan, Hancox & Nyarangi JJA delivered the following Ruling.
As the High Court granted bail pending appeal which is stated to have overwhelming chances of success, and then summarily rejected the appeal what will happen is that the applicants will be ordered to serve their sentences when they next appear in court as ordered. To avoid that happening we grant bail pending appeal upon the same terms as the High Court.
The first hurdle which the applicants will have to overcome is to appeal to set aside the summary rejection of this appeal by the High Court.