[1995] KECA 36 (KLR)
The Court held that since the applicant was already on bail, he could not apply again for bail or for variation of bond terms in the same context. Additionally, the applicant failed to comply with procedural requirements by not specifying the conviction in his notice of appeal as required by rule 58. Most...
Source-derived case information.
- Citation
- [1995] KECA 36 (KLR)
- Parties
- Applicant: Martin M. Odhiambo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 3 of 1995
- Procedural Posture
- Criminal Appeal / Application for Variation of Bond Terms Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Conditions, Appeal Procedure, Bond Variation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin M. Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Variation of Bond Terms Pending Appeal
Legal Issues
- 1 Whether the applicant can seek variation of bond terms when already on bail.
- 2 Whether an appeal lies to the Court of Appeal against the granting of bail by the High Court.
- 3 Whether the applicant complied with procedural requirements for appeal.
Ratio Decidendi
The Court held that since the applicant was already on bail, he could not apply again for bail or for variation of bond terms in the same context. Additionally, the applicant failed to comply with procedural requirements by not specifying the conviction in his notice of appeal as required by rule 58. Most importantly, the Court found that there is no right of appeal to the Court of Appeal against the granting of bail by the High Court. Consequently, the application for variation of bond terms was dismissed as incompetent and not maintainable before the Court of Appeal.
Court Disposition
application dismissed
Orders
- The application for variation of bond terms is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA PEAL AT NAIROBI
Criminal Appeal 3 of 1995
MARTIN M. ODHIAMBO ……………….................................…………………………APPLICANT
AND
REPUBLIC ……………….............................……………………….………………RESPONDENT
(Application for variation of bond terms in an intended appeal from the ruling of the High Court of Kenya at Nakuru (Justice Ondeyo) dated 31st May, 1995
IN
H. C. MISC. APPL. NO. 113 OF 1995)
********************************
RULING OF THE COURT
The applicant has applied under rule 5(2) (a) for review of the bond granted by the High Court on the ground that the conditions of the bail are onerous.
But the applicant being already on bail, he cannot again apply for bail. Furthermore, the applicant has not for obvious reasons not set out in his notice of appeal as required by r. 58, the conviction against which he has appealed. Finally. There can be no appeal to this court against the granting of bail. The application is hereby dismissed.
Dated and delivered at Nairobi this 31st July, 1995.
A.M. COCKAR
……………………
CHIEF JUSTICE