[2023] KEHC 305 (KLR)

[2023] KEHC 305 (KLR)

The court exercised its discretion to grant bail pending appeal, finding no objection from the respondent and being satisfied that the applicant met the threshold for release on bond. The court imposed a bond of Kshs 100,000 with one surety of similar amount and directed that the applicant must prosecute the appeal...

Source-derived case information.

Citation
[2023] KEHC 305 (KLR)
Parties
Applicant: Hussein Athuman Abubakar; Respondent: Republic
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E074 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Pending Appeal
Outcome
Application for bail pending appeal allowed.
Judges
A. Ong’injo
Legal Topics
Bail Pending Appeal, Bond Conditions, Appeal Procedure
Source Language
en
Criminal Law Bail Pending Appeal Bond Conditions Appeal Procedure

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Parties

Hussein Athuman Abubakar

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending the hearing and determination of the appeal.

Ratio Decidendi

The court exercised its discretion to grant bail pending appeal, finding no objection from the respondent and being satisfied that the applicant met the threshold for release on bond. The court imposed a bond of Kshs 100,000 with one surety of similar amount and directed that the applicant must prosecute the appeal expeditiously. The decision was guided by the principle that bail may be granted pending appeal where the court is satisfied that the applicant will not abscond and will comply with the conditions set by the court.

Court Disposition

Application for bail pending appeal allowed.

Orders

  • The applicant is admitted to bail pending hearing and determination of the appeal.
  • The applicant may be released on bond of Kshs 100,000 with one surety of similar amount.