Kamami v Republic [2023] KEHC 707 (KLR) | Bail Pending Appeal | Esheria

Kamami v Republic [2023] KEHC 707 (KLR)

Full Case Text

Kamami v Republic (Criminal Appeal E049 of 2022) [2023] KEHC 707 (KLR) (9 February 2023) (Ruling)

Neutral citation: [2023] KEHC 707 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Appeal E049 of 2022

MM Kasango, J

February 9, 2023

Between

Peter Machaira Kamami

Appellant

and

Republic

Respondent

Ruling

1. By Notice of Motion application dated September 1, 2022, Peter Macharia Kamami seeks for bail pending appeal. He based the application on the grounds that he filed this appeal against a conviction and sentence of the offence of obtaining money by false pretences contrary to section 313 of the Penal Code and that the said appeal has high chances of success.

2. The appeal has been admitted for hearing and accordingly, the appeal shall be heard and determined without inordinate delay. In my view, the appellant’s application is not meritorious but, in any case, since this appeal was admitted for hearing, there is now no basis of granting bail pending appeal.

Conclusion 3. In conclusion, I order that this appeal be fixed for hearing. The application dated September 1, 2022 is declined.

RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF FEBRUARY, 2023. MARY KASANGOJUDGEIn the presence of:-Coram:Court assistant : Mourice/JuliaPeter Macharia Kamami for the applicant/appellant:- presentInstructed by DPP for respondent:- Mr GachariaRuling delivered virtually.MARY KASANGOJUDGE