[2023] KEHC 26638 (KLR)
The court found that the application for bail pending appeal was not urgent and therefore declined to certify it as such. The court directed administrative steps for the provision of the lower court file and proceedings, service of the application and order upon the respondent, and set timelines for the respondent's...
Source-derived case information.
- Citation
- [2023] KEHC 26638 (KLR)
- Parties
- Appellant: Robert Amollo Okwemwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E023 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal not certified urgent; directions issued for further steps.
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Sexual Offences, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Amollo Okwemwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be released on bail pending appeal.
- 2 Whether the application is urgent.
Ratio Decidendi
The court found that the application for bail pending appeal was not urgent and therefore declined to certify it as such. The court directed administrative steps for the provision of the lower court file and proceedings, service of the application and order upon the respondent, and set timelines for the respondent's response and a mention date for further directions. No substantive determination on the merits of bail pending appeal was made at this stage.
Court Disposition
Application for bail pending appeal not certified urgent; directions issued for further steps.
Orders
- The application is not certified urgent.
- The Deputy Registrar is directed to provide the lower court file and certified copy of proceedings within 60 days.
Full Case Text
Judgment text and source record
17 paragraphs
Okwemwa v Republic (Criminal Appeal E023 of 2023) [2023] KEHC 26638 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26638 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal E023 of 2023
DR Kavedza, J
December 19, 2023
Between
Robert Amollo Okwemwa
Appellant
and
Republic
Respondent
Ruling
1. The appellant filed an application under certificate of urgency dated 18th December 2023, seeking to be released on bail pending appeal having been convicted pursuant to the decision of Kibera Chief Magistrate’s Court Sexual Offences Case No. E112 of 2021. The application is supported by an affidavit sworn by the applicant of similar date. Having considered the application, I hereby make the following orders:i.The application is not certified urgent.ii.The Deputy Registrar is directed to provide the lower court file and the certified copy of the proceedings within 60 days from the date hereof.iii.The application and order of this court be served upon the respondent within 7 days from the date hereof.iv.Upon service, the respondent is directed to file a response within 14 days.v.This matter shall be mentioned on 14th March 2024 for directions.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY IN THE ABSENCE OF PARTIES THIS 19TH DAY OF DECEMBER 2023. __________________D. KAVEDZAJUDGE