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Kelvin Fundi Njuki v Republic [2019] KEHC 7592 (KLR)

[2019] KEHC 7592 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7592
Citation
[2019] KEHC 7592 (KLR)
Decided
20 May 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppellant seeks to be released on reasonable bail terms pending appealCoramF. Mucemi
Holding

The application for bail pending appeal is declined

Facts

Appellant was convicted of stealing stock and sentenced to four years imprisonment. He filed an appeal and sought release on reasonable bail terms pending the appeal.

Issues

  1. Whether the appeal has overwhelming chances of success
  2. Whether there are exceptional circumstances warranting the release of the appellant on bail pending appeal

Reasoning

The court found no exceptional or unusual circumstances warranting the release of the appellant. The appellant has not demonstrated that the appeal will take long to be heard.

Outcome

Appeal dismissed

Orders

  • Application for bail pending appeal is declined

Authorities cited

Legislation (4)
  • Section 278 of the Penal Code
  • Article 49 (1) (h) of the Constitution
  • Criminal Procedure Code
  • Section 357 (1) of the Criminal Procedure Code
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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