Mang’ati v Republic [1985] KECA 10 (KLR)

Mang’ati v Republic

Court of Appeal, at Nairobi March 8, 1985

Madan, Hancox & Nyarangi JJA

Criminal Applications Nos NAI 2 & 3 of 1985 (Consolidated)

(Appeal from the High Court at Nyeri, Patel J, Criminal Appeals Nos 386 and 387 of 1985)

Madan, Hancox & Nyarangi JJA delivered the following Ruling.

As the High Court granted bail pending appeal which is stated to have overwhelming chances of success, and then summarily rejected the appeal what will happen is that the applicants will be ordered to serve their sentences when they next appear in court as ordered. To avoid that happening we grant bail pending appeal upon the same terms as the High Court.

The first hurdle which the applicants will have to overcome is to appeal to set aside the summary rejection of this appeal by the High Court.