BENEDICTO WANYONYI WAFULA V REPUBLIC [2012] KEHC 110 (KLR)
- Court
- High Court of Kenya
- Case number
- 110
- Citation
- [2012] KEHC 110 (KLR)
- Decided
- 19 December 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for Bail Pending AppealCoramF. GIKONYO
Holding
The court declines to exercise its discretion in favor of the applicant and denies bail pending appeal.
Facts
The applicant was convicted of an offence and an appeal has been filed. The applicant seeks bail pending the appeal.
Issues
- Whether the applicant has satisfied the threshold provided by law for the granting of bail pending appeal under section 357 of the Criminal Procedure Code?
- Whether the appeal has overwhelming chances of success?
Reasoning
The court found no overwhelming chances of the appeal being successful and held that the offence the applicant was convicted on is now bailable under the Constitution of Kenya, 2010.
Outcome
Denial of bail pending appeal
Orders
- All requisite steps to be fast tracked; and the appeal to be heard expeditiously.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Constitution of Kenya, 2010
Cases cited (4)
- DOMINIC KARAN v REPUBLIC (1986) KLR 612
- BGM HC MISC CR APPEAL NO. 163 OF 2012
- BGM HC CRC NO 55 OF 2009
- BGM HCCR APPEAL NO 185 OF 2012
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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