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KELLY KASES BUNJIKA
V.
REPUBLIC

(2019) JELR 97502 (CA)

Court of Appeal 28 Jun 2019 Kenya
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Case Details

Suit Number:Criminal (Application) Appeal 151 of 2017
Judges:Erastus Mwaniki Githinji JA Hannah Magondi Okwengu JA Jamila Mohammed JA
Location:Eldoret
Other Citations:Kelly Kases Bunjika v. Republic [2019] eKLR

JUDGMENT OF THE COURT

[1] By a notice motion dated 11th July 2017 and registered as High Court Criminal Miscellaneous Application No. 64 of 2017, the appellant sought review of two orders – firstly the order of the Principal Magistrate given on 28th November 2016 in Criminal Case No. 52 of 2016 and secondly the review of the order of the Principal Magistrate dated 22nd February 2016. By the first order the Principal Magistrate declined to review the bond terms and by the second order, the Principal Magistrate declined to grant the appellant bail pending trial.

The notice of motion was brought under various Articles of the Constitution and various sections of the Criminal Procedure Code. By a ruling dated 23rd August, 2017, the High Court (Muriithi, J.) declined to grant the order sought but ordered that the hearing of Criminal Case No. 52 of 2016 be expedited. This appeal is against the ruling of the High Court.

[2] The appellant was jointly with another charged in Criminal Case No. 53 o…

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