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Simon Mwangi Kirika v. Republic

(2006) JELR 94446 (CA)

Court of Appeal  •  Criminal Appli 3 of 2006  •  5 May 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

RULING OF THE COURT

The application before us is fairly straightforward and is not opposed by the Attorney General. It is a notice of motion expressed to have been taken out under section 356 and 357 of the Criminal Procedure Code, but learned counsel for the applicant, Mr. Kingori Kariuki must have realised that those provisions obtain only in respect of applications before the High Court. He informed us at the commencement of his submissions that the application was made under Rules 1(3) and 5 (2)(a) of the Rules of this Court. The former relates to the inherent jurisdiction of this Court and is obviously inapplicable where there are express provisions for seeking the intended orders. The order sought in the motion is that the applicant be granted bail pending the hearing of an intended appeal. Rule 5(2)(a) of our Rules and section 379(4) of the Criminal Procedure Code expressly confer on this Court the jurisdiction to grant such order.

The facts leading to the application may be rela…

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