Criminal Case 8 of 2008

Help

Advanced Search mode is suitable for finding a particular case when you have details that describe the case at hand e.g. (names of parties, case number, case year etc).
To find a case according to its meta data (names of parties, case number, and date of delivery, case year etc) one need not fill in all the fields. You may use any one or more search criteria; search using whatever information you have..

Download: PDF DOC DOCX PDF With Metadata Docx With Metadata XML Show Metadata

REPUBLIC V SAMWEL KIPNG'ENO BIRIR [2009] eKLR

Case Metadata
Case Number:	Criminal Case 8 of 2008
Parties:	REPUBLIC V SAMWEL KIPNG'ENO BIRIR
Date Delivered:	16 Dec 2009
Case Class:	Criminal
Court:	High Court at Kericho
Case Action:	Ruling
Judge(s):	Mary Atieno Ang'awa
Citation:	REPUBLIC V SAMWEL KIPNG'ENO BIRIR [2009] eKLR
Advocates:	R.K. Koech state counsel instructed by the Attorney General for the State J.K. Koskei advocate instructed by M/S Koskei & Tegekyon & co. advocates for the accused/appellant
Advocates:	R.K. Koech state counsel instructed by the Attorney General for the State J.K. Koskei advocate instructed by M/S Koskei & Tegekyon & co. advocates for the accused/appellant
Case Summary:	Criminal Law- Stay of proceeding pending appeal under Section 379(5) of the Criminal Procedure Code
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

1. Criminal Law

2. Criminal Procedure and Practice.

3. Oral Application for stay of proceeding pending appeal under Section 379(5) of the Criminal Procedure Code.

4. Application opposed.

a) Section 379(5) CPC deals with a completed appeal.

b) Under trial of public interest does not cover this case.

5. Held.

1) That the Section 379 (5) CPC does not cover situation of stay of proceedings pending appeal.

2) Application rejected.

6. Case Law – Nil.

7. Advocate

R.K. Koech state counsel instructed by the Attorney General for the State – present

J.K. Koskei advocate instructed by M/S Koskei & Tegekyon & co. advocates for the accused/appellant – present.

REPUBLIC …………………………………… PROSECUTION

VERSUS

SAMWEL KIPNG’ENO BIRIR ……………………. ACCUSED

RULING

I: Oral application

1. That the state intends to appeal against this court’s orders in rejecting a witness under Section 127 of the Evidence Act and accordingly now seeks orders of stay of proceedings pending appeal. This is the application made by the state.

2. The defendant objects to this application on grounds that Section 379(5) CPC that is being relied on, is not applicable.

II: Findings

3. The application for stay of proceedings is hereby rejected by the court.

4. This trial to accordingly proceed for hearing.

DATED this 16^th day of December, 2009 at KERICHO

M.A. ANG’AWA

JUDGE

R.K. Koech state counsel instructed by the Attorney General for the State – present

J.K. Koskei advocate instructed by M/S Koskei & Tegekyon & co. advocates for the accused/appellant – present.

Download PDF DOC DOCX PDF With Metadata Docx With Metadata XML

Please enter advanced search options

Case Content:		Subject:
Case Number:		Parties:
Judge:		Court:
	Delivery Date Range:
From:		To:

Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions

Case Search

Criminal Case 8 of 2008

Case Metadata

Please enter advanced search options