Kamami v Republic (Criminal Appeal E049 of 2022) [2023] KEHC 707 (KLR) (9 February 2023) (Ruling) Neutral citation: [2023] KEHC 707 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CRIMINAL APPEAL E049 OF 2022 MM KASANGO, J FEBRUARY 9, 2023 BETWEEN PETER MACHAIRA KAMAMI ............................................................ APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. By Notice of Motion application dated September 1, 2022, Peter Macharia Kamami seeks for bail pending appeal. He based the application on the grounds that he filed this appeal against a conviction and sentence of the ofience of obtaining money by false pretences contrary to section 313 of the Penal Code and that the said appeal has high chances of success. 2. The appeal has been admitted for hearing and accordingly, the appeal shall be heard and determined without inordinate delay. In my view, the appellant’s application is not meritorious but, in any case, since this appeal was admitted for hearing, there is now no basis of granting bail pending appeal. Conclusion 3. In conclusion, I order that this appeal be fixed for hearing. The application dated September 1, 2022 is declined. RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF FEBRUARY, 2023. MARY KASANGO JUDGE In the presence of:Coram: Court assistant : Mourice/Julia https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/707/eng@2023-02-09 1
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Peter Macharia Kamami for the applicant/appellant:- present Instructed by DPP for respondent:- Mr Gacharia Ruling delivered virtually. MARY KASANGO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/707/eng@2023-02-09 2
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