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DANIEL DOMINIC KARANJA V. REPUBLIC

(1986) JELR 104955 (CA)

Court of Appeal  •  Criminal Application Nai 14 of 1986  •  24 Oct 1986  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, JM Gachuhi

Judgement

JUDGMENT

The applicant, Daniel Dominic Karanja, asks this court to release him on bail pending the hearing of his appeal against summary rejection of his appeal pursuant to section 352(2) of the Criminal Procedure Code (cap 75). He was convicted of three counts of obtaining by false pretences contrary to section 313 of Penal Code (cap 63) and sentenced to 2 year’s imprisonment on each count, the sentences to be served concurrently. His reasons for the application as contained in his affidavit in support of the application are that his appeal to the High Court was summarily rejected, that his appeal has overwhelming chances of success, he has served 7 months of the sentence, that if his appeal succeeds he will have served a substantial part of the sentence, that he is in poor health, was of good character before conviction, will not abscond if released on bail and that he can provide acceptable sureties. In his address to the court, the applicant said his family is facing hardship, that…

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