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Samuel Macharia Njagi v. Republic

(2013) JELR 96603 (CA)

Court of Appeal  •  Criminal Appeal 50 of 2013  •  26 Jul 2013  •  Kenya

Coram
Nelson Jorum Abuodha

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

CRIMINAL APPEAL NO. 50 OF 2013

SAMUEL MACHARIA NJAGI......................................APPELLANT

Versus

REPUBLIC.................................................................RESPONDENT

R U L I N G

By a motion filed on 7th May, 2013 the applicant seeks to be admitted to bail pending the hearing and final determination of his appeal against conviction and sentence in Nyeri Criminal case number 1197 of 2011.

He further seeks that the sentence be suspended pending hearing and final determination of his appeal.

The applicant was tried and convicted on 26th March,2013 of the offence of preparing to commit a felony and sentenced to four years imprisonment.

He disputes the conviction and sentence and has filed in this court, a petition of appeal which he contends has an overwhelming chance of success and therefore if not admitted to bail, he will at the time of final determination of the appeal have served either whole or substantial portion o…

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