[2023] KEHC 17511 (KLR)
The court declined to grant bail pending appeal at this stage because the applicant failed to annex the intended appeal and the judgment or sentence of the trial court, which are necessary for the court to properly consider the application. The court directed that the application be served on the respondent, who...
Source-derived case information.
- Citation
- [2023] KEHC 17511 (KLR)
- Parties
- Applicant: Kevin Owino Odenyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E166 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Interlocutory Application for Bail Pending Appeal
- Outcome
- Interlocutory application for bail pending appeal declined at this stage; directions issued for service and further mention.
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Owino Odenyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Interlocutory Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal in the absence of an annexed intended appeal and trial court judgment.
Ratio Decidendi
The court declined to grant bail pending appeal at this stage because the applicant failed to annex the intended appeal and the judgment or sentence of the trial court, which are necessary for the court to properly consider the application. The court directed that the application be served on the respondent, who should file a response, and set the matter for mention for further directions.
Court Disposition
Interlocutory application for bail pending appeal declined at this stage; directions issued for service and further mention.
Orders
- The application and order to be served upon the respondent within 7 days.
- Upon service, the respondent to file a response within 7 days.
Full Case Text
Judgment text and source record
22 paragraphs
Odenyo v Republic (Criminal Miscellaneous Application E166 of 2023) [2023] KEHC 17511 (KLR) (Crim) (19 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17511 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Miscellaneous Application E166 of 2023
DR Kavedza, J
May 19, 2023
Between
Kevin Owino Odenyo
Applicant
and
Republic
Respondent
Ruling
1. The applicant, Kevin Owino Odenyo, has vide a Notice of Motion application dated May 18, 2023 filed under certificate of urgency and supported by the affidavit of his advocate, Wilson Hassan Nandwa, sought an order of bail pending appeal.
2. I have gone through the application and note that the proposed/ intended appeal has not been annexed to the application, neither has the judgment and sentence of the trial court been annexed for my verification.
3. I would therefore at this stage decline to issue the orders sought but direct as follows:
4. a.That the application and order be served upon the respondent within 7 days.
5. b.That upon service, the respondent to file a response within 7 days
6. c.That this matter be mentioned on June 22, 2023 for directions.
Ruling read and delivered on 19th day of May 2023. ________________D. KAVEDZAJUDGE1