Mark Kibia Njihia v Director of Public Prosecutions [2015] KECA 412 (KLR)
- Court
- Court of Appeal
- Case number
- 412
- Citation
- [2015] KECA 412 (KLR)
- Decided
- 23 September 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for stay of proceedings and execution pending appealCoramD. K. MARAGA, D. K. MUSINGA, A. K. MURGOR
Holding
The application is allowed, and the proceedings in criminal case No. 2415 of 2013 before the Chief Magistrate's Court at Kakamega are stayed pending the hearing of the intended appeal.
Facts
The applicant is the accused in criminal case No. 2415 of 2013 at Kakamega Law Courts. The applicant seeks transfer of the criminal case to Nairobi, alleging lack of jurisdiction at the Kakamega court and bias of the trial magistrate.
Issues
- Whether the applicant's intended appeal is arguable
- Whether the trial proceedings should be stayed pending the appeal
Reasoning
The court found the intended appeal arguable and may be rendered nugatory without the stay, thus allowing the application.
Outcome
The application is allowed.
Orders
- Stay of proceedings in criminal case No. 2415 of 2013 pending the hearing of the intended appeal
Remedies
- Stay of proceedings
Authorities cited
Cases cited (2)
- J. K. INDUSTRIES LIMITED V KENYA COMMERCIAL BANK LIMITED [1982 – 85] 1 KAR 1688
- HASHMUKLAL VIRCHAND & ANOTHER V INVESTMENT & MORTGAGES LIMITED [2014] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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