[2023] KEHC 19759 (KLR)
The court found that the applicant, having been sentenced to life imprisonment, is unlikely to serve a substantial part of his sentence before the appeal is determined. Therefore, the urgency claimed by the applicant is not established, and the application is not certified as urgent. The court issued directions for...
Source-derived case information.
- Citation
- [2023] KEHC 19759 (KLR)
- Parties
- Applicant: Batholomew Wafula Wasike; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E175 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application not certified as urgent; directions issued for further proceedings.
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Life Imprisonment, Urgency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Batholomew Wafula Wasike
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be admitted to bail pending the hearing and determination of his appeal.
- 2 Whether the urgency of the application is justified given the sentence imposed.
Ratio Decidendi
The court found that the applicant, having been sentenced to life imprisonment, is unlikely to serve a substantial part of his sentence before the appeal is determined. Therefore, the urgency claimed by the applicant is not established, and the application is not certified as urgent. The court issued directions for service, response, and mention for further directions.
Court Disposition
Application not certified as urgent; directions issued for further proceedings.
Orders
- The matter is not certified as urgent.
- The application and order of this court to be served upon the respondent within 7 days and not later than July 18, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Wasike v Republic (Criminal Appeal E175 of 2023) [2023] KEHC 19759 (KLR) (Crim) (11 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19759 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal E175 of 2023
DR Kavedza, J
July 11, 2023
Between
Batholomew Wafula Wasike
Applicant
and
Republic
Respondent
Ruling
1I have gone through the notice of motion application dated June 27, 2023 filed under certificate of urgency and the supporting affidavit of Julius Nyakiangana, advocate of the applicant, of even date seeking orders, inter alia, that the applicant be admitted to reasonable bail pending the hearing and determination of his appeal.
2The applicant avers that he is likely to serve a substantial part of his sentence before the appeal is heard and determined. However, I note from the record that the applicant was sentenced to serve life imprisonment. He is therefore unlikely to serve a substantial term of his sentence before the appeal is determined.I therefore issue the following orders:1. That the matter is not certified as urgent.2. That the application and order of this court be served upon the respondent within 7 days and not later than July 18, 2023. 3.That upon service, the respondent to file a response within 14 days, and not later than August 2, 2023. 4.That the lower court file to be typed within 60 days and the same to be transmitted to the High Court not later than September 19, 2023. 5.That this matter be mentioned on September 26, 2023 for directions.Orders accordingly.
Ruling dated and delivered virtually this 11th day of JULY 2023. __________________D. KAVEDZAJUDGE