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Criminal Law [2017] KEHC 7727 (KLR)

Anthony Kimari v Republic

Anthony Kimari v Republic [2017] KEHC 7727 (KLR)

Court
High Court
Case number
Criminal Appeal 9 of 2016
Judge
LK Kimaru

The court found that the central issue was whether the applicant was a member of the Kenya Defence Forces at the time of his trial before the Court Martial. If the applicant was not a member, the Court Martial would have lacked jurisdiction to try him, rendering the conviction questionable. The court determined that the applicant's appeal was not frivolous and had a chance of success, satisfying the threshold for bail pending appeal. The court also considered that the applicant had already been convicted, increasing the risk of absconding, but balanced this against the possibility of a succes…

Source excerpt

  • Bail Pending Appeal
  • Military Justice
  • Jurisdiction Of Court Martial
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Constitutional Law [2016] KEHC 5980 (KLR)

Major Laban A. Nyambok v Court Martial No.7 of 2015 ,Cabinet Secretary For Defence, Principal Secretary For Defence ,Chief Of The Defence Forces ,Director Of Military Prosecutions & Hon. Attorney General

Major Laban A. Nyambok v Court Martial No.7 of 2015 ,Cabinet Secretary For Defence, Principal Secretary For Defence ,Chief Of The Defence Forces ,Director Of Military Prosecutions & Hon. Attorney General [2016] KEHC 5980 (KLR)

Court
High Court
Case number
Petition 553 of 2015
Judge
I Lenaola

The High Court found that the applicant had not demonstrated a sufficient basis for the grant of conservatory orders to stay his prosecution before the Court Martial. The Court held that the grounds for disqualification of Court Martial members are clearly set out in statute and that the applicant had the opportunity to object to the composition but failed to do so. The Court Martial was found to have jurisdiction over the applicant as a commissioned officer under the Kenya Defence Forces Act. The Court further held that the right to bail for members of the armed forces is not absolute and mu…

Source excerpt

  • Right To Fair Trial
  • Military Justice
  • Jurisdiction Of Court Martial
  • Bail And Bond
  • Conservatory Orders
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Constitutional Law [2014] KEHC 5475 (KLR)

Gabriel Kirigha Chawana & 26 others v Kenya Defence Forces Council & 6 others

Gabriel Kirigha Chawana & 26 others v Kenya Defence Forces Council & 6 others [2014] KEHC 5475 (KLR)

Court
High Court
Case number
Petition 21 of 2014
Judge
EM Muriithi

The High Court determined that the petitioners have an arguable case regarding their status as service members and the constitutionality of the court martial proceedings. Proceeding with the court martial before the High Court determines these issues could render the petition nugatory or academic, especially if the petitioners are convicted and sentenced before a constitutional determination is made. The court found no emergency requiring immediate trial and noted that there is no statute of limitation for the offences. Balancing the interests of discipline within the Defence Forces and the p…

Source excerpt

  • Right To Fair Trial
  • Military Justice
  • Bail And Bond
  • Jurisdiction Of Court Martial
  • Limitation Of Rights
  • Supervisory Jurisdiction
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.