Hafedi Zubeidi v Director of Public Prosecution & 2 others [2019] KECA 312 (KLR)
- Court
- Court of Appeal
- Case number
- 312
- Citation
- [2019] KECA 312 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of proceedings pending appealCoramE. M. Githinji, M. K. Koome, S. ole Kantai
Holding
The application is dismissed as the applicant has not demonstrated that the intended appeal is arguable.
Facts
The applicant was charged in Criminal Cases Nos. 1897 of 2015, 983 of 2018, 984 of 2018, 1109 of 2018, and 1652 of 2018 for violating the Proceeds of Crime and Anti-Money Laundering Act. He challenged the charges in the High Court and was granted interim orders, but was arrested and charged in subsequent cases. He filed a Notice of Appeal and sought a stay of proceedings.
Issues
- Whether the appeal is arguable and not frivolous.
- Whether the stay order sought will render the appeal nugatory.
Reasoning
The court held that the charges did not disclose an offence and that the applicant was not involved in the day-to-day management of the bank, thus the Judge's decision was not erroneous. The court found the appeal not arguable.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Proceeds of Crime and Anti-Money Laundering Act
- Constitution of Kenya 2010
- Criminal Procedure Act
Cases cited (2)
- Githunguri vs. R (1988) KLR 838
- Ismael Kagunji Thande vs. Housing Finance Kenya Ltd - Civil Application No. Nai 157 of 2006 (unreported)
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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