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Peter Mbaabu Mutembei v Republic [2021] KEHC 950 (KLR)

[2021] KEHC 950 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
950
Citation
[2021] KEHC 950 (KLR)
Decided
22 December 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppellant seeks bail pending appealCoramMumbua T. Matheka
Holding

Application denied

Facts

Appellant was convicted and sentenced to life imprisonment for robbery with violence. The matter was delayed due to the accused's incarceration in different prisons. The appellant filed an appeal and sought bail pending appeal.

Issues

  1. Whether the appellant's application for bail pending appeal has met the threshold for granting of bail
  2. Whether the appellant's illness and health condition justify bail pending appeal

Reasoning

The court found that the appellant's previous conduct while on bond and his illness do not warrant the exercise of discretion in his favor. The court also noted that there is no risk of him serving his sentence before the appeal is heard.

Outcome

Denied

Orders

  • Application denied

Authorities cited

Legislation (2)
  • Criminal Procedure Code
  • Constitution of Kenya
Cases cited (2)
  • Somo vs Republic (1972) EA
  • Jivraj Shah vs Republic (1986) eKLR
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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