[2024] KEHC 14473 (KLR)
The court found that since the applicant had prayed to withdraw her application for bail pending appeal, and there was no opposition or reason to continue with the application, the matter was overtaken by events. The court exercised its discretion to allow the withdrawal and dismissed the application as prayed,...
Source-derived case information.
- Citation
- [2024] KEHC 14473 (KLR)
- Parties
- Applicant: Dorcas Wanjiru Mwae; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E165 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal of Application
- Outcome
- application dismissed as withdrawn
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dorcas Wanjiru Mwae
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the application should be withdrawn as prayed by the applicant.
Ratio Decidendi
The court found that since the applicant had prayed to withdraw her application for bail pending appeal, and there was no opposition or reason to continue with the application, the matter was overtaken by events. The court exercised its discretion to allow the withdrawal and dismissed the application as prayed, thereby closing the file.
Court Disposition
application dismissed as withdrawn
Orders
- The application is dismissed as prayed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Mwae v Republic (Miscellaneous Application E165 of 2024) [2024] KEHC 14473 (KLR) (18 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14473 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Miscellaneous Application E165 of 2024
DR Kavedza, J
November 18, 2024
Between
Dorcas Wanjiru Mwae
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed a constitutional petition dated 16th October 2023, where he to be granted bail pending his appeal.
2. Following a ruling delivered on 17th October 2024, the applicant’s matter was set to be mentioned on 18th November 2024.
3. The applicant has prayed to withdraw her application since the matter has been overtaken by events.
4. The present application is hereby dismissed as prayed. File closed.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF NOVEMBER 2024. .....................D. KAVEDZAJUDGE