[2024] KEHC 5865 (KLR)
The court found that since the applicant's appeal had already been heard and was pending judgment, the application for bail pending appeal was overtaken by events and therefore moot. Granting such an order would serve no practical purpose and would amount to engaging in an academic exercise. The court declined to...
Source-derived case information.
- Citation
- [2024] KEHC 5865 (KLR)
- Parties
- Applicant: Nyakundi Matingae; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E006 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Sexual Offences Act, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyakundi Matingae
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the court should grant bail pending appeal after the appeal has already been heard and is awaiting judgment.
Ratio Decidendi
The court found that since the applicant's appeal had already been heard and was pending judgment, the application for bail pending appeal was overtaken by events and therefore moot. Granting such an order would serve no practical purpose and would amount to engaging in an academic exercise. The court declined to grant the orders sought, emphasizing that it cannot issue orders in vain.
Court Disposition
application dismissed
Orders
- The application dated 20th May 2024 for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
Matingae v Republic (Criminal Appeal E006 of 2023) [2024] KEHC 5865 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5865 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal E006 of 2023
DR Kavedza, J
May 23, 2024
Between
Nyakundi Matingae
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve 20 years imprisonment. He filed an appeal challenging his conviction and sentence. Judgement on his appeal is scheduled to be delivered on 2nd July 2024.
2. He has now filed the present notice of motion dated 20th May 2024, seeking to be released on bail pending appeal. The application is supported by an affidavit sworn by the applicant.
3. I have considered the application, the affidavit in support and the applicable law. From the record, the petition of appeal was heard and is awaiting determination on 2nd July 2024. The present application is for bail pending appeal.
4. It is common ground that the applicant’s appeal has already been heard. The issue of whether to grant bail pending appeal or not is spent. I need not belabour on this point as the same is overtaken by events. It will not be of any consequence to make a determination on the same. This court cannot grant orders in vain. The orders sought are calculated at engaging the court in a speculative and academic exercise. It will not be of any consequence to make a determination on the same.
5. It is for this reason that the application dated 20th May 2024 is dismissed.
Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF MAY 2024_________________D. KAVEDZAJUDGE