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(1995) JELR 100265 (CA)

Court of Appeal  •  Criminal Appeal 88 of 1995  •  6 Nov 1995  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Richard Otieno Kwach



Kamlesh Mansuklal Damji Pattni, the appellant herein, together with other persons who are not before us, faces numerous criminal charges before the Chief Magistrate of Nairobi. The appellant is yet to be tried on those charges. He has, in the meantime, been released on bond on certain stringent terms and among such terms are orders that the appellant do deposit his passport with the police officer investigating his case and another one that he must not leave the jurisdiction of then court during the pendency of the criminal charges against him. These terms were imposed by two different Judges of High Court (Patel and Oguk, JJ) each of whom he has had occasion to deal with the appellant’s various applications for bail in that court. Sometime in August 1995, the appellant felt the need to seek a review of the two conditions requiring him to deposit his passport with the police and restricting him to remain within the jurisdiction of the trial court. So 18th August, 1995, after the…

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