Nurick Ombui Nyasimi v Republic [2018] KEHC 520 (KLR)
- Court
- High Court of Kenya
- Case number
- 520
- Citation
- [2018] KEHC 520 (KLR)
- Decided
- 6 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplicant seeks to be released on bond pending appealCoramR.E. OUGO
Holding
The court declines to grant bail pending appeal and orders the applicant to stay in custody until his appeal is heard.
Facts
The applicant was convicted of defilement and sentenced to 20 years imprisonment. He seeks bail pending appeal.
Issues
- Whether the applicant has a right to bail pending appeal
- Whether there are exceptional circumstances warranting bail pending appeal
Reasoning
The court found no exceptional circumstances to warrant bail and noted the appeal could be heard soon.
Outcome
Application dismissed
Orders
- The applicant should stay in custody until his appeal is heard
Authorities cited
Legislation (2)
- Criminal Procedure Code (Cap. 75)
- Sexual Offences Act 3 of 2006
Cases cited (3)
- JIVRAJ SHAH -VS- REPUBLIC [1986] KLR 605
- Ademba vs. Republic 1983 KLR page 442
- Somo vs. Republic 1972 EA 476
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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