[2020] KEHC 3803 (KLR)
The court found that the circumstances of the appellant's case were similar to those in Kericho CR. Appeal No.19/2020, where bail pending appeal had already been granted. To ensure consistency and judicial efficiency, the court consolidated the two appeals and applied the same bail terms. The appellant was granted...
Source-derived case information.
- Citation
- [2020] KEHC 3803 (KLR)
- Parties
- Appellant: Bernard Kipkirui Mutai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 20 of 2020
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Bail pending appeal granted; appeals consolidated; sentence suspended.
- Judges
- AN Ongeri
- Legal Topics
- Bail Pending Appeal, Consolidation of Appeals, Suspension of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kipkirui Mutai
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the appeal should be consolidated with a related appeal for efficiency.
Ratio Decidendi
The court found that the circumstances of the appellant's case were similar to those in Kericho CR. Appeal No.19/2020, where bail pending appeal had already been granted. To ensure consistency and judicial efficiency, the court consolidated the two appeals and applied the same bail terms. The appellant was granted bail pending appeal on a bond of Kshs.500,000 with one surety of similar amount or cash bail of Kshs.200,000. The sentence was suspended pending the outcome of the appeal, and the appellant was directed to prosecute the appeal within six months of release.
Court Disposition
Bail pending appeal granted; appeals consolidated; sentence suspended.
Orders
- The two appeals are consolidated and will be heard together.
- The appellant is released on a bond of Kshs.500,000 with one surety of similar amount or cash bail of Kshs.200,000.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL APPEAL NO.20 OF 2020
BERNARD KIPKIRUI MUTAI.............................APPELLANT/APPLICANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
RULING
1. The Applicant/Appellant herein was charged in KERICHO CMCC 747 of 2011 jointly with the Applicant/Appellant in Kericho CR. Appeal No.19/20 where a similar Application was filed and a ruling was delivered on 24/7/2020.
2. The two Applicant/Appellants in this case and in Kericho CR. Appeal No.19/2020 were also charged with one EDWARD WILLIAM OCHOLLA who has not filed an Appeal.
3. The circumstances of the case were similar except that the Applicant/Appellant in this case together with EDWARD WILLIAM OCHOLLA were employees of Ndege Chai Sacco while the Applicant/Appellant in CR. Appeal No.19 of 2020 was not.
4. For that reason, I order that the two Appeals be consolidated and heard together to save on court’s time.
5. I also direct that the ruling delivered in Kericho CR. Appeal No.19/2020 dated 24/7/2020 on bail pending appeal abides in this case and I accordingly grant the Applicant/Appellant herein bail pending appeal on similar terms as follows:
i) THAT the Applicant/Appellant be released on a bond of Kshs.500,000 with one surety similar amount or cash bail of Kshs.200,000.
ii) THAT the Applicant/Appellant should appear in court as and when required.
iii) THAT the sentence imposed upon the Applicant/Appellant be and is hereby suspended awaiting the outcome of the Appeal.
iv) THAT the Applicant/Appellant to prosecute the Appeal within six months from the date of his release from custody.
Delivered, signed and dated at Kericho this 30th day of July 2020.
A. N. ONGERI
JUDGE