Kenneth Mutugi v Republic [2018] KEHC 8315 (KLR)
- Court
- High Court of Kenya
- Case number
- 8315
- Citation
- [2018] KEHC 8315 (KLR)
- Decided
- 21 February 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppellant seeks bail pending appealCoramF. GIKONYO
Holding
Appellant's Application for bond pending appeal is without merit and is hereby dismissed in its entirety.
Facts
Appellant Kenneth Mutugi was convicted by a competent court and is awaiting appeal.
Issues
- Whether the appeal has overwhelming chances of success.
- Whether there are exceptional or unusual circumstances to warrant the court's exercise of discretion.
- Whether he will have served substantial part of the sentence before the appeal is heard.
Reasoning
The court found that the appeal does not have high chances of success, no exceptional or unusual circumstances were shown, and there is no possibility of serving substantial part of the sentence before the appeal is heard.
Outcome
Appellant's Application dismissed
Orders
- Appellant remains in custody pending the hearing and determination of this Appeal.
- Appeal fast tracked.
- DR to call for typed proceedings and original record of the trial court.
Authorities cited
Legislation (2)
- Criminal Procedure Code CAP 75 of the Laws of Kenya
- Constitution of Kenya
Cases cited (3)
- MUTUA V REPUBLIC (1988) KLR 497
- SOMO V REPUBLIC (1972) EA 476
- RAGHBIR SINHG LAMBA V REPUBLIC (1958) EA 337
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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