[2013] KEHC 4720 (KLR)
The court found that since the appellant was convicted and sentenced under a statutory provision that had already been repealed by Act No. 8 of 2010, 2nd Schedule, there was no justification for her continued detention. The State did not oppose the application, acknowledging the legal defect in the conviction. The...
Source-derived case information.
- Citation
- [2013] KEHC 4720 (KLR)
- Parties
- Appellant: Seliva Nechesa Kadima; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 226 of 2012
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Repealed Statute, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Seliva Nechesa Kadima
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the conviction was based on a repealed statutory provision.
Ratio Decidendi
The court found that since the appellant was convicted and sentenced under a statutory provision that had already been repealed by Act No. 8 of 2010, 2nd Schedule, there was no justification for her continued detention. The State did not oppose the application, acknowledging the legal defect in the conviction. The court exercised its discretion to grant bail pending appeal, considering the interests of justice and the apparent merit in the appellant's argument regarding the repealed law.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The applicant will be released on bond of Kshs.100,000 with one surety.
- The applicant shall attend the hearing of the appeal and monthly mentions.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
Criminal Appeal 226 of 2012 [if gte mso 9]><xml>
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(An application for bail pending hearing of the appeal)
SELIVA NECHESA KADIMA …….....……………………… APPELLANT
VERSUS
REPUBLIC …………………………….………………….. RESPONDENT
RULING
The appellant was convicted and sentenced to serve ten (10) years imprisonment. She has filed an appeal and also applied for bail pending appeal. The State Counsel Mr. Oroni does not oppose the application for bail pending appeal on the ground that the section of law upon which the appellant was charged had been repealed by Act No. 8 of 2010, 2nd Schedule. The applicant was charged and convicted in 2012.
For the reasons given by the learned State Counsel, I find no reason to continue detaining the applicant in custody.
I allow the application. The applicant will be released on bond of Kshs.100,000/= with one surety. She will attend the hearing of the appeal and monthly mentions. First mention will be on 12th March, 2013.
Delivered at Kakamega this12th day of February, 2013
George Dulu
J U D G E
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