Jeffery Okuri Pepela & 25 others v Republic [2015] KEHC 3117 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL APPEAL NOS.  153 OF 2014, 17 OF 2015, 175 OF 2014, 174 OF 2014, 173 OF 2014, 8 OF 2015, 9 OF 2015, 10 OF 2015, 2 OF 2015,  3 OF 2015, 4 OF 2015, 5 OF 2015,  6 OF 2015, 7 OF 2015, 168 OF 2014, 171 OF 2014, 181 OF 2014, 176 OF 2014, 13 OF 2015,  169 OF 2014, 172 OF 2014, 18 OF 2015, 19 OF 2015, 21 OF 2015 AND 22 OF 2015

LT. JEFFERY OKURI PEPELA & 25 OTHERS ….....................…..APPELLANT

VERSUS

REPUBLIC  ……….…….........................................................…RESPONDENT

(From the Original Conviction and Sentence in the Court Martial Case of  Mtongwe Navy Base  - Mombasa).

RULING

An application was made by the prosecution for interim stay of the Courts Judgment  and decision  for a period of fourteen (14) days to allow  them proceed  with the process of appeal to the Court of Appeal. This application was rejected.

The reason being that I sat on appeal in the Court martial cases and I rendered my Judgment on them.  There is no appeal filed on  the Judgment yet.  There is no provision of the law cited under which I  can stay my own  Judgment.

The  authorities cited by  the prosecution are not relevant to this application.

Criminal Revision No. 54 of 2014 Republic -Vs Baktash Akasha and Others was an application by way of a revision. I  cannot review my own Judgment in the manner sought.

The supreme court of case Gaitirau Peter Munya Vs  Kithinji Dickson Mwenda. Supreme Court was dealing  with an application of stay of excecution of the Judgment of the Court of appeal. It was not  dealing with stay of its own  Judgment.

The prosecution are at liberty to proceed with their appeal if any.

Reasons given  this 24th day of August, 2015.

…...................

M.  MUYA

JUDGE

24TH AUGUST, 2015

In open Court and in the presence of:-

Mr. Jami.

M. MUYA - JUDGE

Mr. Gikandi: We had gotten the release orders.

Court:  Release orders to be promptly signed and issued.

…...................

M.  MUYA

JUDGE

24TH AUGUST, 2015