[2023] KEHC 18961 (KLR)
The court declined to certify the application as urgent and made procedural orders to ensure the respondent is served and given an opportunity to respond. The court did not make a determination on the substantive application for bail or bond pending appeal at this stage, instead setting timelines for the filing of...
Source-derived case information.
- Citation
- [2023] KEHC 18961 (KLR)
- Parties
- Applicant: Chen Xianzhong; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E183 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal Application
- Outcome
- Procedural orders issued; no determination on bail pending appeal at this stage.
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Bond Terms, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chen Xianzhong
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.
Ratio Decidendi
The court declined to certify the application as urgent and made procedural orders to ensure the respondent is served and given an opportunity to respond. The court did not make a determination on the substantive application for bail or bond pending appeal at this stage, instead setting timelines for the filing of responses and scheduling a mention for directions. The ruling is procedural, ensuring due process and fair hearing for both parties before the substantive issue is determined.
Court Disposition
Procedural orders issued; no determination on bail pending appeal at this stage.
Orders
- The matter is not certified urgent.
- The lower court file and certified copy of proceedings to be availed on July 6, 2023.
Full Case Text
Judgment text and source record
17 paragraphs
Xianzhong v Republic (Criminal Appeal E183 of 2023) [2023] KEHC 18961 (KLR) (Crim) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18961 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal E183 of 2023
DR Kavedza, J
June 26, 2023
Between
Chen Xianzhong
Applicant
and
Republic
Respondent
Ruling
1. Having gone through the notice of motion application dated June 15, 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 July 6, 2023. 3.That the application and order of this court be served upon the respondent on June 29, 2023. 4.That upon service, the respondent to file a response on or before July 14, 2023. 5.That this matter be mentioned on July 19, 2023 for directions.Orders accordingly.
RULING DATED DELIVERED VIRTUALLY THIS 26TH DAY OF JUNE 2023. __________________D. KAVEDZAJUDGE