Matingae v Republic [2024] KEHC 5865 (KLR)

Matingae v Republic (Criminal Appeal E006 of 2023) [2024] KEHC 5865 (KLR) (23 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5865 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Appeal E006 of 2023

DR Kavedza, J

May 23, 2024

Between

Nyakundi Matingae

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted for the offence of defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act, No. 3 of 2006. He was sentenced to serve 20 years imprisonment. He filed an appeal challenging his conviction and sentence. Judgement on his appeal is scheduled to be delivered on 2nd July 2024.

2. He has now filed the present notice of motion dated 20th May 2024, seeking to be released on bail pending appeal. The application is supported by an affidavit sworn by the applicant.

3. I have considered the application, the affidavit in support and the applicable law. From the record, the petition of appeal was heard and is awaiting determination on 2nd July 2024. The present application is for bail pending appeal.

4. It is common ground that the applicant’s appeal has already been heard. The issue of whether to grant bail pending appeal or not is spent. I need not belabour on this point as the same is overtaken by events. It will not be of any consequence to make a determination on the same. This court cannot grant orders in vain. The orders sought are calculated at engaging the court in a speculative and academic exercise. It will not be of any consequence to make a determination on the same.

5. It is for this reason that the application dated 20th May 2024 is dismissed.

Order accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF MAY 2024_________________D. KAVEDZAJUDGE