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Unit 5: Drafting the Applications (Bail, Review, Execution and the Practitioner’s Paper-Menu)
5.1 The Application’s Anatomy
Every court application shares one skeleton:
- Cause title — court, parties, and number.
- Facts — brief, chronological, and relevant.
- Grounds — numbered reasons with law’s names.
- Prayer — the exact order sought.
- Date, signature, and annexes.
The syllabus lists the practitioner’s menu for this course: bail applications, injunction-type interim orders, reviews, appeals, and execution of judgments. Appeals were drafted in Unit 3. This unit drafts the rest.
5.2 The Bail Application
Bail seeks the accused’s release from custody pending trial. The Muluki Criminal Procedure Code, 2074 governs the court’s discretion, distinguishing bailable and non-bailable offences. The application’s persuasive core is a short table:
| Factor | What to plead |
|---|---|
| Offence’s gravity | Charge’s nature and maximum sentence |
| Flight risk | Roots: family, residence, occupation |
| Evidence’s stage | Evidence already recorded; tampering impossible |
| Criminal history | First offender where true |
| Custody’s duration | Investigation complete; no need left |
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