[2004] KEHC 2580 (KLR)
The court found that the initial magistrate had called for and received a favourable probation report regarding the appellant. Although the succeeding magistrate stated he considered the report, he did not elaborate further. The High Court determined that, in the circumstances, this was an appropriate case for the...
Source-derived case information.
- Citation
- [2004] KEHC 2580 (KLR)
- Parties
- Appellant: Benard Okeyo Omboga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 86 of 2004
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal allowed
- Legal Topics
- Bail Pending Appeal, Probation Report Consideration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Okeyo Omboga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be released on bail pending appeal.
- 2 Whether the probation report was properly considered by the succeeding magistrate.
Ratio Decidendi
The court found that the initial magistrate had called for and received a favourable probation report regarding the appellant. Although the succeeding magistrate stated he considered the report, he did not elaborate further. The High Court determined that, in the circumstances, this was an appropriate case for the appellant to be released on bail pending appeal. The application was therefore allowed, and the appellant was ordered to be released on his own bond of KES 50,000 with one surety of a similar amount.
Court Disposition
application for bail pending appeal allowed
Orders
- Appellant to be released on his own bond of KES 50,000 with one surety of similar amount.
- The appeal is listed for mention on 19th July 2004 for purposes of fixing a hearing date.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO.86 OF 2004 (From original conviction and sentence of the CM’s court at Kisii in criminal case No.1543 of 2001) BENARD OKEYO OMBOGA ………………………………………….. APPELLANT VERSUS REPUBLIC …………………………………………………………….. RESPONDENT RULING: I have considered the application and the objection. Indeed the initial magistrate who handled the matter or called for a probation report, which was favourable to the appellant.
The magistrate who took over the case said he considered the report but did not say anything more. I feel this is a proper case to release the appellant on bail.
The application is allowed. Appellant be released on his own bond of shs.50,000/= with one surety of similar amount.
It is so ordered.
KABURU BAUNI JUDGE 4/6/2004
11-6-2004 In the high court criminal registry. Today Chacha clerk from Kerosi Ondieki & Ondika & Co. Advocates for the appellant present. No appearance for the state.
Order: The appeal is listed down for mention on 19th July 2004 for purposes of fixing a hearing date. The appellant’s counsel to serve the State Counsel for Respondent.
DEPUTY REGISTRAR KISII.