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Nurick Ombui Nyasimi v Republic [2018] KEHC 520 (KLR)

[2018] KEHC 520 (KLR) High Court of Kenya
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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

  1. Whether the applicant has a right to bail pending appeal
  2. 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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