[2011] KEHC 1872 (KLR)
The court found that, despite the application for bond pending appeal being unopposed, the seriousness of the offence warranted the denial of bond. The judge exercised discretion and determined that bond was not appropriate in this case, and therefore the applicants should remain in custody pending the hearing and...
Source-derived case information.
- Citation
- [2011] KEHC 1872 (KLR)
- Parties
- Applicant: Aziza Waithera Nazareth; Applicant: Mwanyola Omar Suleiman; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 92 of 2011
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Bond Pending Appeal
- Outcome
- application for bond pending appeal denied
- Judges
- JV Juma
- Legal Topics
- Bond Pending Appeal, Bail Application, Serious Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aziza Waithera Nazareth
Applicant
Mwanyola Omar Suleiman
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Bond Pending Appeal
Legal Issues
- 1 Whether the applicants are entitled to bond pending the hearing and determination of their appeal.
Ratio Decidendi
The court found that, despite the application for bond pending appeal being unopposed, the seriousness of the offence warranted the denial of bond. The judge exercised discretion and determined that bond was not appropriate in this case, and therefore the applicants should remain in custody pending the hearing and determination of their appeal.
Court Disposition
application for bond pending appeal denied
Orders
- The application for bond pending appeal is denied.
- The applicants shall remain in custody pending the hearing and determination of their appeal.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL MISC. APPLICATION NO. 92 OF 2011
(1)AZIZA WAITHERA NAZARETH
(2)MWANYOLA OMAR SULEIMAN ...............................…. APPLICANTS
=VERSUS=
REPUBLIC ……...............…………….…………..……… RESPONDENT
RULING
I have considered the application of the 2 appellants for bond pending appeal. The application is not opposed. I have also perused the record of the proceedings in the lower court. The offence is serious. In my view bond is not warranted in this case. As such I deny this application. The 2 applicants will remain in custody pending the hearing and determination of their appeal.
Dated this 27th day of May 2011.
M. ODERO
JUDGE
In the presence of:
Both applicants in person
Mr. Onserio for State