[2013] KEHC 1382 (KLR)
The court declined to grant bond pending appeal, finding it more appropriate for the matter to proceed to a full hearing and determination of the appeal rather than be heard in a piecemeal fashion. The court exercised its discretion to prioritize the expeditious hearing of the substantive appeal over the interim...
Source-derived case information.
- Citation
- [2013] KEHC 1382 (KLR)
- Parties
- Applicant: Charo Kazungu Mwakamsha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 136 of 2012
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal declined; matter to proceed to hearing of the appeal.
- Judges
- GO Shikwe
- Legal Topics
- Bond Pending Appeal, Defilement Offence, Sentencing, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charo Kazungu Mwakamsha
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bond pending the hearing and determination of the criminal appeal.
Ratio Decidendi
The court declined to grant bond pending appeal, finding it more appropriate for the matter to proceed to a full hearing and determination of the appeal rather than be heard in a piecemeal fashion. The court exercised its discretion to prioritize the expeditious hearing of the substantive appeal over the interim application for bond.
Court Disposition
Application for bond pending appeal declined; matter to proceed to hearing of the appeal.
Orders
- The application for bond pending appeal is declined.
- The appeal shall proceed to hearing on a date to be fixed by the court.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 136 OF 2012
CHARO KAZUNGU MWAKAMSHA …................….. APPLICANT
VERSUS
REPUBLIC ……….……................................…RESPONDENT
RULING
This is an application for bond pending appeal. The applicant was Sentenced to twenty (20) years Imprisonment for the offence of defilement. I do find it opportune that instead of the matter being heard piece meal it do proceed to hearing of the appeal and determination.
Accordingly it is ordered that it proceeds to hearing on a date to be fixed by this court.
Ruling delivered dated and signed this 5th day of November, 2013.
….................
M. MUYA
JUDGE
5TH NOVEMBER, 2013
In the presence of:-
The Learned State Counsel Miss Ogweno
Learned Counsel for the applicant Mr. Cheruiyot
Court clerk Musundi
M. MUYA
JUDGE
5TH NOVEMBER, 2013
Court: Hearing 22nd November, 2013
….................
M. MUYA
JUDGE
5TH NOVEMBER, 2013