[2023] KEHC 25093 (KLR)
The court declined to certify the application as urgent and directed that the lower court file and certified proceedings be availed. The application and order were to be served upon the respondent, who was then to file a response. The matter was set for mention for directions. The court emphasized procedural...
Source-derived case information.
- Citation
- [2023] KEHC 25093 (KLR)
- Parties
- Applicant: Nasinkoi Ene Nasieku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E009 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal Application
- Outcome
- Application not certified urgent; directions given for service and mention.
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Bond Terms, Criminal Procedure, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nasinkoi Ene Nasieku
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 application is urgent and should be certified as such.
Ratio Decidendi
The court declined to certify the application as urgent and directed that the lower court file and certified proceedings be availed. The application and order were to be served upon the respondent, who was then to file a response. The matter was set for mention for directions. The court emphasized procedural fairness and the need for the respondent to be served and heard before substantive orders on bail or bond could be made.
Court Disposition
Application not certified urgent; directions given for service and mention.
Orders
- The matter is not certified urgent.
- The lower court file and certified copy of proceedings to be availed on 22/1/2024.
Full Case Text
Judgment text and source record
17 paragraphs
Nasieku v Republic (Criminal Appeal E009 of 2023) [2023] KEHC 25093 (KLR) (Crim) (9 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25093 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal E009 of 2023
DR Kavedza, J
November 9, 2023
Between
Nasinkoi Ene Nasieku
Applicant
and
Republic
Respondent
Ruling
1. Having gone through the Notice of Motion application dated 7th November 2023 filed under certificate of urgency and the supporting affidavit of the applicant of even date seeking for an order to be admitted to reasonable bail or bond terms pending the hearing and determination of the appeal, I accordingly order as follows:1. That the matter is Not certified urgent.2. That the lower court file and the certified copy of the proceedings be availed on 22/1/2024. 3.That the application and order of this court be served upon the respondent on 29/1/2024. 4.That upon service, the respondent to file a response on or before 12/2/2024. That this matter be mentioned on 26/2/2024 for directions.Orders accordingly.
RULING DATED DELIVERED VIRTUALLY THIS 9TH DAY OF NOVEMBER 2023. D. KAVEDZAJUDGE